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Accession  No.  Q  *5' l^  4/^    .    Cla&s  No. 


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The  Greater  New  York 
Charter. 


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[UKIVBRSITT] 


Submitted  to  the  Legislature  of  the  State  of  New  York, 

on  February  20,  J  897,  by  the  Commission 

appointed  pursuant  to  Chapter  488 

of  the  Laws  of  1896. 


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•   Of  THIS   ^, 
TABLE  OF  CONTENTS. 


Report  of  Commission, 


PAGE     SEC. 

i 


THE  GREATER  NEW  YORK  CHARTER. 

CHAPTER  I. 

Boundaries,   Boroughs,   Powers,  Rights  and  Obligations  of 
THE  City,  -  -     .  .  * 


1         1 


Legislative  Department, 


CHAPTER  II. 


CHAPTER  III. 


Franchises  and  Grants  of  Land  Under  Water: 
Title  1,  Franchises,  ... 

2,  Grants  of  land  under  water, 


9        17 


34        71 
37        83 


The  Executive, 


CHAPTER  IV. 


40        94 


The  Mayor, 


CHAPTER  V. 


47      115 


CHAPTER  VI. 

The  Department  of  Finance: 

Title  1,  The  Comptroller,       .  .  .  .  . 

2,  Bonds  and  obligations  of  the  city, 

3,  The  Chamberlain,      -  -  -  -  •         - 

4,  The  Sinking  Fund,  .  -  .  . 

5,  Appropriations  and  the  Board  of  Estimate  and 

Apportionment,        -  .  .  -  - 

6,  Levying  Taxes,     -  -  r  »  - 


57 

149 

68 

169 

82 

194 

86 

202 

97 

226 

118 

247 

185 

382 

187 

390 

190 

400 

TABLE  OF   CONTENTS — CONTINUED. 

CHAPTER  VII. 

PAGE     SEC. 

Law  Department,       -  -  -  -  -  -  -        130      255 

CHAPTER  VIII. 
Police  Department,         --..-_  i26      270 

CHAPTER  IX. 

Borough  Officers,  Local  Boards  and  Local  Improvements  : 
Title  1,  Borough  Officers,       -  - 

2,  Local  Boards,        -  -  -  .  . 

3,  Local  Improvements,  -  _  _  , 

CHAPTER  X. 

Public  Improvements  : 

Title  1,  Board  of  Public  Improvements,       -  -  -        192      410 

2,  Map  or  plan  of  The  City  of  New  York ;  map  of 

sewer  system  and  sewer  districts, 

3,  General  provisions  relating  to  Departments, 

4,  Department  of  Water  Supply,     -  -  . 

5,  Department  of  Highways,     -  -  -  - 

6,  Department  of  Street  Cleaning, 

7,  Department  of  Sewers,  .  .  .  . 

8,  Department  of  Public  Buildings,   Lighting  and 

Supplies,  -  -  -  .  . 

9,  Department  of  Bridges,        -  -  - 

CHAPTER  XI. 

Department  of  Parks: 

Title  1,  Parks  of  the  City,       -  -  -  -  -        283      607 

2,  The  Art  Commission,       .  -  -  -  295      633 

CHAPTER  XII. 
Department  of  Buildings,    ------       299      644 

CHAPTER  XIII. 
Department  of  Pubuc  Charities,         -  -  .  -  807      668 


205 

410 

212 

450 

217 

468 

244 

523 

248 

533 

268 

555 

268 

572 

379 

594 

TABLE  OF   CONTENTS — CONTINUED. 

CHAPTER  XIV. 


Department  of  Correction, 


PAGE     SEC. 

324      694 


CHAPTER  XV. 

Fire  Department  : 

Title  1,  Organization,  duties  and  powers  of  officers  and 
men,         -.-... 

2,  Fires  and  their  extinction,     -  -  -  - 

3,  Prevention  of  fires,  explosives  and  combustible 

materials,  ..... 

4,  Fire  Marshals  and  investigation  of  origin  of  fire, 

5,  Relief  Fund  and  Pensions,    .  -  .  - 

6,  Taxes  upon  foreign  insurance  companies. 


337 

720 

848 

748 

851 

760 

365 

779 

370 

789 

378 

798 

CHAPTER  XVI. 
Docks,  Piers,  jHarbor,  Port  and  Waters  : 

Title  1,  Department  of  Docks  and  Ferries, 

2,  Piers,  slips  and  wharfage, 

3,  General  provisions,     - 


389 

816 

406 

844 

420 

876 

CHAPTER  XVII. 
Taxes  and  Assessments  : 

Title  1,  Department  of  Taxes  and  Assessments ;  powers 

and  duties,  .....  423      884 

2,  Assessments  for  local  improvements  other  than 

those  confirmed  by  a  court  of  record,      -  -        448      942 

3,  Vacating  and  modifying  assessments  for  local  im- 

provements other  than  those  confirmed  by  a 

court  of  record,  ....  454      959 

4,  Opening  streets  and  parks,    -  -  -  .        457      970 

5,  Sales  of  lands  for  taxes  and  assessments  and  water 

rates, 487    1017 


CHAPTER  XVIII. 
Department  of  Education  : 

Title  1,  Public  schools  and  their  management, 

2,  The  College  of  The  City  of  New  York, 

3,  The  Normal  College, 

4,  General  Provisions,         -  -  - 


504  1055 

541  1127 

544  1139 

547  1161 


TABLE   OF   CONTENTS — CONTINUED. 


CHAPTER  XIX. 


Department  of  Health: 

Title  1,   Power  and  duties  of  the  department,  its  offices 

and  administration,    -  -  -  .  553  1157 

3,   Marriages,  births  and  deaths,         -  -  -  587  1236 

3,  Duties  of  Physicians  and  others,  -  -  590  1247 

4,  Legal  proceedings  and  punishment  for  disobedi- 

ence of  orders  and  ordinances,  -  -  592  1257 

5,  Reimbursement  of  expenses,  ...  600  1275 

6,  Abatement  by  suit,         -  -  .  _  607  1287 

7,  Tenement  and  lodging  houses,       -  -  -  616  1304 

8,  Pension  fund,      .  ^  -  -  .  686  1331 


CHAPTER  XX. 

Inferior  Local  Courts: 

Title  1,    The  City  Court  of  New  York,  -  -  -  640  1345 

2,  The  Municipal  Court  of  The  City  of  New  York,  640  1350 

3,  Inferior  Courts  of  criminal  jurisdiction,     -  -  659  1390 

4,  The  Marshals,      -----  673  1424 


CHAPTER  XXI. 

The  Acquisition  of  lands  and  interests  therein  for  public 
purposes. 


674      1435 


CHAPTER  XXII. 


General  Statutes: 

Title  1,  The  Streets,    - 

2,  Amusements,       -  .  - 

3,  Birds,  -  -  -  -  - 

4,  Commercial  paper  during  epidemic, 

5,  Pharmacists  and  druggists, 

6,  Board  of  City  Record,     - 

7,  General  Provisions.   - 

8,  Coroners,  -  »        .... 


685 

1454 

691 

1472 

699 

1493 

700 

1499 

702 

1510 

707 

1536 

713 

1533 

727 

1570 

TABLE  OF  CONTENTS — CONTINUED. 

CHAPTER  XXIII. 


"^4^  OP  THl*^ 

I7IRSIT71 


PAGE     SEC. 


Provisions  relating  to  Counties  and  repeal  provisions: 

Title  1,    Provisions  relating  to  counties,       -  -  -       729      1577 

2,   Repeal  provisions,  ...  -  738      1608 


APPENDIX, 745 


REPORT 

Accompanying  the  Proposed  Greater 
New  York  Charter. 


THriVBHSlTT] 

To  the  Legislature  :  ^^^^^TPOTl' 

The  Commission  appointed  pursuant  to  the  provisions 
of  Chapter  488  of  the  Laws  gf  1896  to  prepare  a  charter 
for  Greater  New  York,  and  to  submit,  in  connection 
therewith,  such  supplementary  bills  as  might  appear  to 
be  necessary  to  carry  into  effect  the  legislative  intent 
as  declared  by  the  law  under  which  they  were  ap- 
pointed, respectfully  submits  herewith  : 

1.  A  charter  for  Greater  New  York. 

2.  An  Act  to  provide  for  Boards  of  Super- 
visors in  counties  wholly  within  the  limits  of  a 
city,  but  not  comprising  the  whole  of  such  city, 
and  defining  the  powers  and  duties  thereof. 

3.  An  Act  relating  to  the  election  of  city  oflScers 
of  the  City  of  New  York  as  constituted  by  the 
Greater  New  York  Charter,  at  the  general  elec- 
tion to  be  held  in  November  in  the  year  1897, 
and  for  the  canvass  and  return  of  the  votes 
thereof  and  the  determination  of  persons  elected 
thereat.* 

4.  Certain  amendments  to  Chapter  909  of  the 
Laws  of  1896,  ktiown  as  the  Election  Law,  which 
appear  to  be  necessary  in   connection    with   the 


elections  to  be  held  in  1897  and  thereafter, 
within  the  territory  to  be  consolidated  into 
Greater  New  York. 

5.  An  Act  to  provide  for  the  election  of  Su- 
pervisors in  the  several  wards  of  the  Borough 
of  Queens  in  the  City  of  New  York,  to  be  mem- 
bers of  the  Board  of  Supervisors  of  the  County 
of  Queens. 

6.  An  Act  in  relation  to  the  City  Court  of 
the  City  of  New  York  and  for  the  accommoda- 
tion thereof,  and  authorizing  the  fitting  up  and 
equipping  of  certain  parts  of  the  City  Hall  in 
the  City  of  New  York. 

7.  A  proposed  constitutional  amendment  to 
authorize  the  Municipal  Assembly  or  other 
legislative  body  of  a  city  to  discharge  for 
counties  wholly  included  within  the  limits  of 
such  city  the  duties  at  present  devolved  by 
the  Constitution  upon  Boards  of  Supervisors 
throughout  the  State. 

8.  A  proposed  constitutional  amendment  for- 
bidding counties  wholly  included  within  the 
limits  of  a  city  to  become  indebted. 

9.  A  proposed  constitutional  amendment 
authorizing  laws  to  be  passed  providing  in 
municipal  elections  for  minority  or  propor- 
tionate representation. 

Necessity  for  Sncli  Snpplementaxry 
Legislation. 

Before  speakiug  of  the  charter  itself,  it  appears  to  be 
proper  to  explain  the  necessity  for  the  supplementary 
legislation   suggested,  and   to    state  the   reasons   that 


have  prompted  the  Commission  to  submit  the  proposed 
constitutional  amendments. 

The  Legislature  will  recall  that  his  Excellency, 
Governor  Morton,  in  approving  the  bill  under  which 
the  Commission  has  been  serving,  called  especial  at- 
tention to  the  possibility,  as  an  incidental  result  of 
consolidation,  of  the  resuscitation  in  the  Counties  of 
New  York  and  Kings  of  separate  and  independent 
Boards  of  Supervisors,  and  of  the  possible  continuance 
in  Eichmond  County  of  a  Board  of  Supervisors  not- 
withstanding the  inclusion  of  that  County  within  the 
limits  of  the  enlarged  city.  This  question,  thus  prom- 
inently brought  to  their  attention,  naturally  has  re- 
ceived from  the  Commission  the  most  careful  consid- 
eration. The  members  of  the  Commission  are  of  one 
mind  in  believing  that  the  creation  of  Greater  New 
York  would  be  an  almost  unmixed  misfortune,  if  it  were 
to  result  in  paralleling  the  city  government  throughout 
the  territory  of  the  consolidated  city  with  a  separate 
and  independent  county  government  in  the  three  coun- 
ties of  New  York,  Kings  and  Richmond.  The  State 
Constitution  deals  effectually  with  such  a  situation 
when  a  city  and  a  county  are  literally  coterminous ; 
and  probably  no  one  will  dispute  that  the  spirit  of  the 
Constitution,  as  expressed  in  the  provision  dealing 
with  that  case,  equally  demands  that  the  functions  of 
the  Board  of  Supervisors  in  the  various  counties  in- 
cluded within  the  consolidated  City  of  New  York 
should  be  discharged  by  the  legislative  body  of  the 
city,  precisely  as  such  functions  are  now  discharged 
for  New  York  County  by  the  Board  of  Alder- 
men of  the  City  of  New  York,  and  for  Kings  County 
by  the  Common  Council  of  Brooklyn.  On  the  other 
hand,  it  is  not  clear   that  the  letter   of  the   Constitu- 

m 


tion,  by  reason  of  its  failure  to  provide  in  terms  for 
the  precise  case  of  a  city  that  should  include  within  its 
boundaries  the  whole  of  more  than  one  county,  might 
not  lead  to  serious  embarrassment.  Accordingly,  the 
Commission  urges  as  a  material  part  of  the  plan  for 
the  creation  of  Greater  New  York  the  passage  of  the 
Act  defining  the  powers  and  duties  of  Boards  of 
Supervisors  in  counties  wholly  within  the  limits  of  a 
city,  but  not  comprising  the  whole  of  such  city. 
The  Act  provides  : 

1.  That  in  such  counties  the  Boards  of  Su- 
pervisors shall  consist  of  the  members  of  the 
Municipal  Assembly,  to  be  elected  as  such,  and 
also  as  Supervisors,  by  the  people  of  the 
county. 

2.  That  such  Boards  of  Supervisors  may  act 
as  County  Cauvassers,  aud  shall  have  the  power 
conferred  by  the  Constitution  upon  Supervisors 
of  sub-dividing  the  counties  into  Assembly 
districts. 

3.  That  such  Boards  of  Supervisors  shall 
have  no  other  powers  of  local  legislation  or  ad- 
ministration, and  shall  have  no  power  to  create 
debt. 

4.  All  other  Boards  of  Supervisors  within 
such  counties  are  abolished  from  and  after  Jan- 
uary 1st,  1898. 

The  powers  of  local  legislation  and  administration 
heretofore  generally  possessed  by  Boards  of  Super- 
visors can,  in  the  opinion  of  the  Commission,  be  vested 
by  the  Legislature  of  the  State  in   the   Municipal  As- 

IV 


sembly    and   administrative    departments   of    Greater 
New  York,  and  the  Charter  so  provides. 

This  Act,  it  is  believed,  keeps  strictly  within  the 
provisions  of  the  Constitution,  and,  should  it  become 
a  law,  will  obviate  tbe  apprehended  embarrassments  of 
the  situation  so  far  as  an  enactment  that  is  dependent 
upon  the  legislative  will  can  do  so.  With  the  passage 
of  this  Act  the  Commission  believes  that  consolidation 
can  be  safely  carried  into  eflfect.  It  also  believes  that 
the  Constitution  of  the  State  should  be  amended  in 
order  to  put  an  end,  definitely  and  permanently,  to  all 
danger  of  conflict  between  city  and  county  govern- 
ment in  a  city  including  within  its  limits  one  or 
more  counties,  precisely  as  the  Constitution  already 
puts  an  end  to  such  conflict  in  the  case  of  a  city 
that  is  coterminous  with  a  county.  The  Commis- 
sion, therefore,  respectfully  urges  upon  the  Legislature 
that  it  take  the  necessary  action  to  bring  before  the 
people  of  the  State,  in  due  course,  the  amendment  to 
the  Constitution  that  has  been  prepared  to  deal  with 
this  subject,  and  also  the  amendment  to  prevent  such 
counties  from  incurring  debt. 

Elections  in  the  Greater  City  for  the  Vear 

1897. 

According  to  the  law  under  which  the  Commission  is 
serving,  Greater  New  York  is  to  be  constituted  on  the 
1st  of  January,  1898.  It  will,  therefore,  be  necessary 
to  hold  an  election  for  the  oflicers  of  the  enlarged  city 
in  the  autumn  of  this  year  in  the  three  counties  of 
New  York,  Kings  and  Richmond  and  in  that  portion  of 
Queens  County  that  is  to  be  embraced  within  the  City 
of  New   York.     In   its   temporary   aspect  this   situa- 


tion  necessitates  the  passage  of  the  Act  re- 
lating to  the  election  of  city  oflficers  of 
the  City  of  New  York  as  constituted  by 
the  Greater  New  York  Charter  at  the  general  election 
to  be  held  in  November  in  the  year  1897,  and  for  the 
canvass  and  return  of  the  votes  thereof,  and  the  de- 
termination of  persons  elected  thereat.  Inasmuch  as 
this  election  for  city  officers  will  be  carried  on  in  four 
diflferent  counties,  it  appears  to  be  necessary  also  to 
amend  the  general  election  law  so  as  to  provide  for  the 
city  election  of  1897,  and  also  for  subsequent  elections 
to  be  conducted  under  the  same  conditions.  It  is  be- 
lieved that  the  amendments  herewith  submitted  to 
Chapter  909  of  the  Laws  of  1896,  known  as  the  Elec- 
tion Law,  deal  adequately  with  that  phase  of  the  ques- 
tion. 

Act  Concerning  Ulection  of  Supervisors. 

By  the  provisions  of  the  Greater  New  York  Charter 
the  towns  in  that  part  of  Queens  County  consolidated 
into  the  city,  and  Long  Island  City,  become  wards 
of  the  City  of  New  York,  The  Act  to  provide  for 
the  election  of  Supervisors  therein,  and  providing 
that  such  Supervisors  shall  be  members  of  the  Board 
of  Supervisors  of  the  County  of  Queens,  is  thus  made 
necessary. 

It  will  be  manifest  t^  the  Legislature  that  all  of  the 
foregoing  Acts,  in  substance  and  effect,  must  be 
adopted  in  connection  with  the  charter  for  Greater 
New  York,  if  consolidation  is  to  be  effected  on  the  Ist 
of  January,  1898,  without   unspeakable  confusion. 


n 


Act  Concerning  the  City  Court. 

An  Act  in  relation  to  the  City  Court  of  the  City  of 
New  York,  and  for  the  accommodation  thereof,  and 
authorizing  the  fitting  up  and  equipping  of  certain  parts 
of  the  City  Hall  of  the  City  of  New  York,  though  less 
fundamental  in  importance,  is  no  less  desirable  from 
the  point  of  view  of  public  convenience  if  the  charter 
submitted  by  the  Commission  is  to  be  adopted.  'J'he 
charter  provides  for  a  Municipal  Assembly  consist- 
ing of  two  Houses,  and  also  for  a  Board  of  Public 
Improvements  which  is  to  have  very  important  func- 
tions in  relation  to  all  the  public  work  of  the  munici- 
pality. The  Act  submitted  by  the  Commission  is  in- 
tended to  provide  quarters  for  the  City  Court  of  New 
York  outside  of  the  City  Hall,  and  to  authorize  the 
present  government  of  the  City  to  provide  suitable 
quarters  in  the  City  Hall  for  both  Houses  of  the  Mu- 
nicipal Assembly  and  for  the  Board  of  Public  Improve- 
ments. The  Commission,  therefore,  urges  the  passage 
of  this  bill,  also,  in  connection  with  the  charter  for 
Greater  New  York,  in  the  interest  of  public  conven- 
ience. 

Minority  Representation. 

The  purpose  of  the  second  proposed  constitutional 
amendment  is  to  invest  the  Legislature  with  authority 
to  permit  minority  or  proportionate  representation  in 
municipal  elections.  It  is  a  source  of  sincere  regret  to 
the  majority  of  the  Commission  that  under  the  Consti- 
tution of  the  State,  as  it  now  stands,  it  has  appeared  to 
be  impossible  to  provide  for  minority  or  proportionate 
representation  in  the  charter  of  Greater  New  York, 
without   making   a   vital  part  of  the  charter   depend 


upon  a  provision  of  uncertain  constitutionality. 
Such  representation  is  equally  desirable  whether  the 
basis  of  division  in  municipal  elections  be  political  or 
non-political.  So  far,  both  in  the  history  of  Great 
Britain  and  of  this  country,  the  complete  exclusion  of 
politics  from  municipal  elections  has  been  found  im- 
possible. Many  hope  that  in  the  future  it  may  not  be 
so.  But  if  such  expectations  be  realized,  some  basis 
of  division  on  local  issues  will  still  exist  repre- 
senting differences  of  opinion,  and  it  is  im- 
portant, whatever  such  differences  may  be,  that 
the  minority  shall  be  represented.  The  Com- 
mission would  have  provided  for  the  election  of  some 
members  of  the  Municipal  Assembly  at  large  and  for  a 
gradual  retirement  of  the  members  of  one  or  both 
Houses,  if  it  could  have  done  so  with  the  assurance  that 
in  every  year  the  minority,  whatever  that  might  be, 
would  have  secured  under  all  circumstances  just  repre- 
sentation. But,  in  Greater  New  York,  where  the 
political  division  of  the  citizens  is  so  one-sided,  elec- 
tions wholly  at  large  for  the  Municipal  Assembly 
would  be  likely  to  mean,  in  most  years,  the  absolute 
extinction  of  the  minority.  Partial  elections  at  large 
in  ordinary  years  could  only  tend  to  decrease  the  mi- 
nority's just  and  proportionate  weight.  A  method  of 
election  that  should  make  it  impossible  ever  to  change 
the  membership  of  the  Assembly  at  one  time,  would 
be  apt  to  give  the  control  of  the  Municipal  Assembly 
of  the  city  to  the  majority,  happen  what  would.  In 
the  meanwhile  it  has  seemed  to  the  Commission  of 
the  utmost  consequence  to  the  public  welfare  that 
the  minority,  however  composed,  should  be  repre- 
sented in  the  Municipal  Assembly  at  all  times,  even 
if  it  cannot   hope  often   to  secure  control.     The  Com- 

ym 


mission  has,  therefore,  arranged  in  both  Houses  of 
the  Municipal  Assembly  for  a  system  of  representation 
by  districts  that  will  secure  always  a  certain  representa- 
tion for  the  minority.  The  distribution  and  political 
habits  of  the  people  of  the  city  are  likely,  in  the  judg- 
ment of  the  majority  of  the  Commission,  often  to  make 
this  representation  less  than  it  ought  of  right  to  be  ; 
and  the  Commission  therefore  urges  as  strongly  as 
possible  that  the  amendment  to  the  State  Constitution 
to  permit  minority  or  proportionate  representation  in 
municipal  elections  be  placed  promptly  in  the  way 
of  adoption.  It  does  this,  also,  the  more  readily,  be- 
cause it  believes,  quite  apart  from  the  special  condi- 
tions prevailing  in  Greater  New  York,  that  minority  or 
proportionate  representation  is  in  the  interest  of  good 
city  government.  Such  representation  tends  to  empha- 
size the  fact  that,  in  the  administration  of  a  city,  the 
common  interests  of  the  citizenship  of  the  place  are 
more  fundamental  than  party  divisions  ;  while,  in  the 
meanwhile,  it  tends  to  preserve  the  interest  of  the 
minority  in  the  effort  to  secure  good  city  government 
by  encouraging  them  to  feel  that  their  efforts  are  not 
useless. 

Tho  Proposed  Charter. 

In  approaching  the  discussion  of  the  charter  here- 
with submitted,  it  is  proper  for  the  Commission  to  re- 
mind the  Legislature  that  the  task  imposed  upon  them, 
at  once  delicate  and  onerous  as  any  task  could  be,  has 
also  been  very  definite  and  precise  in  its  nature.  The 
Commission  has  not  been  charged  with  the  duty  of 
preparing  a  city  charter  at  large ;  but,  on  the 
contrary,  with  the  duty  of  preparing  a  charter 
that  should  unite  into   one   city  three  existing  cities. 


each  living,  to  a  considerable  extent,  under  local 
laws  and  each  with  diiferent  charters  ;  and  that  should 
also  bring  into  the  enlarged  city  a  considerable  area, 
besides,  of  territory  still  remaining  under  town  and 
village  government.  The  different  communities  thus  to 
be  consolidated  into  one  are  located  upon  three  dif- 
ferent islands  and  upon  the  main  land,  and  thus  they 
are  divided  geographically  into  natural  subdivisions 
almost  as  distinct  as  the  historic  antecedents  that  have 
marked  their  life.  Nevertheless,  they  are,  in  substance 
and  in  fact,  a  single  community,  in  that  they  are  all 
alike  the  outgrowth  of  the  commercial  and  industrial 
life  of  the  historic  City  of  New  York. 

To  have  adopted  for  such  a  city  what  may  be  de- 
scribed as  a  skeleton  charter,  would  have  been  to  have 
left  to  the  local  legislature  the  framing  of  ordinances 
that  should  be  the  fundamental  law  for  all  the  vast 
interests  thus  to  be  consolidated  into  a  single  govern- 
ment. In  connection  with  the  Building  Department, 
the  Commission  has  done  this,  partly  because  it  was 
clearly  impossible  to  extend  the  building  laws  of  the 
present  City  of  New  York  over  territory  presenting 
such  widely  different  conditions,  and  partly  because  the 
Commission  were  unwilling  to  venture  upon  original 
legislation  as  to  a  subject  at  once  so  intricate, 
so  technical,  and  yet  so  important.  Moreover,  few 
subjects  afford,  it  is  believed,  a  more  appropriate 
field  for  local  regulation.  The  charter,  therefore,  pro- 
vides that  the  existing  building  laws  shall  stand  in  all 
parts  of  the  consolidated  territory  until  superseded  by 
a  municipal  building  code,  and  the  Municipal  Assem- 
bly of  the  City  of  New  York  is  given  authority  to 
employ  experts  in  the  preparation  of  such  a  code. 

But,  as  to  most  subjects,  it  appeared  to  the  Commis- 


sioners  to  be  wise,  in  defining  the  powers  and  duties  of 
tlie  enlarged  municipality,  to  avail  as  far  as  possible, 
and  wherever  it  was  applicable,  of  the  legislation  already 
upon  the  statute  book  in  relation  to  one  or  the  other 
of  the  cities  to  be  consolidated  into  Greater  New 
York.  This  decision  has  made  the  charter  more 
bulky  than  it  otherwise  would  have  been  ;  but  the  Leg- 
islature and  the  community  may  rest  assured,  that,  for 
the  most  part,  the  powers  and  duties  devolved  upon  the 
various  departments  of  Greater  New  York  are  those 
which  have  heretofore  been  devolved  upon  such  de- 
partments in  one  or  the  other  of  the  cities  consolidated 
by  the  charter.  The  Commission  has  ventured  upon 
very  little  original  legislation  touching  the  powers 
of  any  department,  unless  with  the  general  ap- 
proval of  those  most  competent  to  speak  in 
relation  thereto.  In  case  of  doubt  as  to  any  point, 
the  Commission  generally  has  assumed  that  the 
existing  law  was  the  result  of  past  experience  and 
ought  to  be  maintained.  Where  the  local  laws  have 
differed,  in  matters  financial  and  relating  to  property,  the 
law  of  New  York  has  generally  been  given  the  preference ; 
in  matters  indifferent,  the  best  law,  in  the  opinion  of 
the  Commission,  obtaining  in  any  of  the  three  cities 
has  been  maintained  ;  and  where  immediate  uniformity 
has  been  impracticable  without  great  local  irritation,  if 
absence  of  uniformity  could  be  tolerated  without  dis- 
loyalty to  consolidation,  as  in  the  case  of  the  Depart- 
ment of  Education,  the  Commission  has  done  the 
best  it  could,  and  has  not  hesitated  to  leave  to 
time  the  adjustment  of  points  of  detail  as  to  which 
there  has  been  dispute.  No  other  course  seemed  to  be 
practicable  under  a  mandate  to  unite  living  organisms, 
like  cities,  into  a  new  and  common  life. 

XI 


Legislative  Department. 

When  the  commission  came  to  consider  the  legisla- 
tive department  for  the  greater  city,  diverse  and  con- 
flicting views  and  plans  were  urged  for  adoption. 

The  general  judgment  was  that  a  Municipal  Leg- 
islative Assembly  was  not  only  necessary,  but  indis- 
pensable. But  as  to  the  constitution,  size  and  powers  o 
such  an  assembly  conflicting  views  were  also  presented 
and  urged.  Some  advised  the  constitution  of  the  Mu- 
nicipal Assembly  substantially  upon  the  model  of  the 
English  system,  where  an  elective  Municipal  Council, 
usually  elected  from  wards  or  subdivisions,  is  invested 
with  the  exercise,  without  restraint,  of  all  the  powers 
which  parliament  grants  or  the  law  gives  to  the  munici- 
pal corporation.  It  elects  the  mayor  from  its  own 
members,  and  appoints  all  its  officers.  Through 
standing  committees  it  controls  without  exception  all 
the  administrative  departments. 

Others  strenuously  urged  that  American  polity  and 
experience  are  against  the  adoption  of  the  English 
plan  en  hloc,  and  that  the  powers  of  the  Muni- 
cipal Assembly  ought  to  be  limited  in  number  and 
extent,  and  the  exercise  of  the  powers  conferred  be 
subjected  to  appropriate  and  effective  charter  limita- 
tions, analogous  in  principle  and  purpose  to  the  restric- 
tions which  the  American  constitutions  impose  upon 
the  State  legislatures. 

Tlie    Charter    Scheme    of    the    Municipal 
Assembly. 

This  general  plan  commended  itself  to  the  Commis- 
sion, and  is  embodied  in  the  charter  which  it  now  sub- 
mits to  the  legislature. 

xn 


The  Commission  found  that  the  municipal  history  of 
New  York  afforded  on  almost  every  subject  useful  and 
instructive  lessons,  of  w^hich  it  has  studiously  availed 
itself.  For  example,  the  body  known  as  the  Board  of 
Estimate  and  Apportionment  had  worked  well  and  given 
general  satisfaction.  The  Commission  has  retained  it, 
and  enlarged  rather  than  lessened  its  powers.  So  the 
principle  of  investing  the  Mayor  with  large  powers  and 
consequent  direct  responsibility  to  the  people  had  also 
worked  well,  and  his  authority  has  been  increased  rather 
than  diminished.  His  term  of  office  is  four  years,  and 
he  is  made  ineligible  for  re-election  without  an  inter- 
vening term. 

The  Commission  has,  however,  converted  the  present 
Board  of  Aldermen  into  a  Municipal  Assembly,  consist- 
ing of  two  houses ;  an  upper  house  of  29  members, 
elected  from  large  council  districts,  containing  an  aver- 
age population  of  more  than  350,000,  and  a  lower  house, 
consisting  of  60  members,  one  elected  from  each  assembly 
district,  also  a  large  area,  containing  an  average  popu- 
lation of  50,000.  The  term  of  office  of  members  of  the 
upper  house  is  four  years,  and  of  the  lower  house  two 
years. 

Each  ex-Mayor,  under  the  proposed  charter,  is  ex 
offi.cio,  entitled  to  a  seat  in  the  Council,  with  the  right 
to  participate  in  its  discussions  ;  and  each  administra- 
tive head  of  a  department  to  a  seat  in  the  lower  House, 
with  a  like  privilege. 

It  may  be  objected  that  the  size  of  the  Municipal 
Assembly  is  unnecessarily  large.  This  objection, 
when  it  is  considered  that  upon  the  adoption 
of  the  charter  New  York  will  in  size  and  population 
become  the  second  city  of  the  world,  is  not  well 
founded.     Experience   shows  that   it  is  more  difficult 


xm 


>^  Of  THX^^. 

fUSI7BRSIT7l 


to  corrupt,  to  mislead,  and  to  form  pernicious  com- 
binations in  large  than  in  small  legislative  bodies.  It 
is  not  nearly  as  large  as  the  average  legislative  bodies 
in  this  country  dealing  with  people  less  numerous 
and  subjects  not  more  important.  The  experience  of 
other  countries  is  almost  uniform  to  this  eflfect.  The 
present  Common  Council  of  the  City  of  London 
consists  of  232  members ;  County  Council  of  London  is 
composed  of  238  members ;  the  Common  Council  of 
Manchester,  104  ;  of  Glasgow,  78 ;  of  Liverpool,  64  ; 
of  Paris,  80;  of  Berlin,  126  ;  and  of  Vienna,  138. 

The  charter  has  been  constructed  upon  the  principle 
that  it  is  expedient  to  give  to  the  city  all  the  powers 
necessary  to  conduct  its  own  affairs.  The  Commission 
has  accordingly  conferred  upon  the  Muncipal  Assembly 
legislative  authority  over  all  the  usual  subjects  of 
municipal  jurisdiction.  The  extent  and  variety  of  its 
powers,  as  well  as  its  size,  mark  the  Commission's 
sense  of  its  dignity  and  importance. 

With  a  view  of  self-development,  the  Commission 
has  intrusted  the  new  city  with  power  to  establish  ferries ; 
to  build  bridges  over  and  tunnels  under  all  waters  within 
its  domain  ;  to  build  docks  and  improve  the  harbor 
of  the  entire  city  ;  to  construct  parks,  school-houses 
and  public  buildings ;  to  open  streets  and  extend 
them  ;  to  provide  water  ;  and  also  the  means  of  secur- 
ing easy,  cheap  and  rapid  communication  by  ferry  and 
railways  between  all  parts  of  the  great  metropolis. 
The  city,  as  the  Commission  has  constituted  it,  has 
within  itself  all  the  elements  and  powers  of  normal 
growth  and  development,  making  it  unnecessary  to 
have  habitual  recourse,  as  hitherto,  to  the  legislature 
of  the  State  for  additional  powers — a  serious  evil,  and, 
in  the  past,  the  source  of  much  abuse.     These  powers — 

XI? 


great,  varied,  and  even  complex,  as  they  necessarily 
are — will,  when  scrutinized,  be  seen  to  be  no  greater 
than  the  city  requires  and  to  be  always  legislative 
in  their  character.  They  are  such  as  the  municipalities 
of  England  and  of  Europe,  as  well  as  of  this  country, 
constantly  exercise. 

This  does  not  mean  that  under  the  proposed  charter 
the  city  can  change  the  structure  of  its  own  govern- 
ment. Whatever  powers  it  will  have  it  will  receive  as  a 
grant  from  the  State  to  enjoy  in  the  form  that  they 
are  given,  and  the  State  alone  can  modify  the  grant. 
Neither  does  it  mean  that  the  city  can  do  what  it  will 
in  every  possible  direction.  It  is  tied  up  in  many 
ways  by  old  laws  that  are  continued,  because  they 
have  been  justified  by  experience.  But  it  does 
mean  that  the  city  is  believed  to  be  equipped  with 
power  to  decide  for  itself  what  it  will  do  within  the 
well-recognized  range  of  ordinary  municipal  activity. 

But,  while  the  charter  thus  confers  upon  the  Munici- 
pal Assembly  powers  adequate  to  the  present  wants 
and  to  the  future  development  of  the  city,  it  interposes, 
in  accordance  with  established  American  polity, 
a  variety  of  checks  and  safeguards  against  their 
abuse,  similar  in  their  nature  and  purpose  to  the 
constitutional  limitations  upon  the  Congress  of  the 
United  States  and  the  legislatures  of  the  several  States. 
No  people  can  enjoy  a  large  degree  of  liberty  and  the 
necessary  powers  of  government  in  which  that  liberty 
consists,  without  such  powers  being  liable  to  abuse.  It 
is  the  duty  of  the  legislator  not  to  withhold  the  neces- 
sary power,  but  sedulously  to  safeguard  its  exercise. 
To  provide  such  safeguards  has  been  the  subject 
of  anxious  consideration  on  the  part  of  the  Com- 
mission.     The    legislative    experience   of    New  York 

XV 


and  other  cities,  and  of  the  several  States — indeed,  of 
all  popular  bodies — shows  that  a  main  source  of  abuse 
is  hasty  or  ill-advised  action,  especially  as  respects  the 
power  to  dispose  of  franchises  and  those  powers  which 
involve  the  raising  and  expenditure  of  money,  the  crea- 
tion of  debt  and  the  consequent  levy  of  taxes  and  the 
placing  of  other  financial  burdens  upon  the  people. 

It  is  a  marked  feature  of  the  charter  now  pre- 
sented that  it  differentiates  the  powers  relating 
to  franchises,  the  creation  of  debt,  the  expenditures 
of  money,  the  laying  of  taxes  and  assessments — 
these  being  the  only  powers  liable  to  serious 
abuse — from  the  ordinary  powers  of  the  munici- 
pality embracing  the  countless  subjects  requiring 
municipal  regulation.  The  former  class  of  powers  the 
Commission  has  protected  against  abuse  by  special  and 
appropriate  safeguards — safeguards  which  are  in  some 
respects  unique,  and  which  will  in  its  judgment 
prove  eflfective.  Thus,  as  to  franchises  and  their  dis- 
position, the  charter  proposes  a  radical  change  of  the 
highest  importance  and  value.  The  streets  of  the  city 
belong  of  right  to  the  whole  people.  Their  use  for  the 
public  benefit  and  their  control  in  the  public  interest 
ought  never  to  be  permanently  parted  with  in  favor  of 
any  private  interests  whatever.  The  charter,  therefore, 
declares  that  they  are  inalienable,  and  that  no  rights 
therein  shall  hereafter  be  granted  by  the  Municipal 
Assembly  except  upon  the  approval  of  the  Board  of 
Estimate  and  Apportionment,  and  then  only  for  limited 
periods,  and  upon  provision  being  made  for  periodical 
revaluations. 

Hereafter,  therefore,  no  disposition  of  franchises, 
even  for  such  limited  periods,  can  be  made  by  the 
Municipal   Assembly    without    the  concurrent   action 

XVI 


of  the  Board  of  Estimate  and  Apportionment. 
This  Board  is  a  body  conservative  in  its  nature  and 
familiar  with  the  extent  of  the  city's  debt,  with  its 
revenues,  with  its  wants,  and  with  the  amount  that 
can  be  reasonably  raised  by  taxation  ;  and  under  the 
charter  no  considerable  debt  can  be  incurred  by  the 
Municipal  Assembly  without  the  sanction  of  this 
Board.  When  the  Municipal  Assembly  and  the  Board 
of  Estimate  and  Apportionment  concur  in  sanctioning 
any  work  which  involves  the  expenditure  of  large  sums 
of  money,  the  charter  further  interposes  for  the  public 
protection  the  Mayor's  power  of  veto.  It  is  the  judg- 
ment of  the  Commission  that  the  power  of  creating 
debt,  especially  debt  payable  in  the  distant  future,  the 
power  of  disposing  of  franchises,  and  the  levying  of 
taxes  and  assessments  should  have  this  triple  safeguard. 
Any  expenditure  that  can  pass  these  successive  ordeals 
is  probably  deserving  ;  and,  if  it  cannot  pass  them,  in 
view  of  the  publicity  with  which  the  proposed  expendi- 
ture will  thus  necessarily  be  attended,  the  presumption 
is  strong  that  it  ought  to  fail. 

Similar  protective  principles  are  applied  to  the  water 
front  and  waters  constituting  the  harbor  of  New  York. 
The  charter  recognizes  the  harbor  as  the  parent  of 
the  city's  present  greatness  and  of  her  commercial 
supremacy  now  and  in  the  future.  The  charter  pro- 
posed gives  to  the  city,  subject  to  vested  private 
rights,  which  have  been  carefully  protected,  the 
control  of  the  entire  water  front,  and  of  lands  under 
water  everywhere  within  the  city,  so  far  as  necessary 
to  secure  and  develop  the  commerce,  foreign  and 
domestic,  of  the  city,  and  provides  that  its  rights  in  and 
to  its  wharves,  docks  and  other  adjuncts  of  commerce, 
and  all  property  held   or   acquired  for   that  ^purpose, 

XVII 


shall  be  and  remain  inalienable,  and  be  disposed  of 
only  by  way  of  lease  for  limited  periods  upon  periodical 
re-valuations. 

The  Municipal  Assembly,  through  its  representatives, 
is  the  organ  of  the  people  in  the  various  Boroughs  and 
in  every  part  of  the  city.  It  is  made  its  duty  to  see 
that  the  laws  and  ordinances  of  the  city  are  faithfully 
observed  by  all  departments  and  officers.  To  this  end, 
the  Commission  has  given  the  Municipal  Assembly,  by 
joint  resolution,  the  power  to  make  inquest  into,  and 
within  the  carefully  defined  limitations  of  the  charter 
exercise  supervision  over,  all  the  departments  and  officers 
of  the  city,  a  most  useful  and  necessary  function,  oper- 
ating as  a  salutary  check  on  secret  abuses,  mal -adminis- 
tration, and  oppressive  and  illegal  exercise  of  authority. 

Board  of  Public  Improvements. 

In  respect  of  the  large  and  costly  range  of  public 
works  comprised  in  the  general  term  "  local  or  public 
improvements  "  the  Charter  provides  in  one  respect  a 
different  and  more  appropriate  but  equally  effective 
check.  It  creates  a  Board  of  Public  Improvements, 
referred  to  below,  which  has  jurisdiction  over  the 
bridges,  streets,  avenues,  the  water  and  sewer  systems, 
and  the  like,  of  the  city.  It  is  clear  that  such  works 
ought  to  be  primarily  determined  by  expert  authority, 
so  that  they  may  be  developed  upon  a  fixed  plan  and 
designed  and  constructed  in  accordance  with  the 
highest  attainable  scientific  skill.  The  Charter  there- 
fore provides  in  general  that  the  initiative  in  such  im- 
provements shall  be  taken  by  the  Board  of  Public  Im- 
provements, requiring,  however,  that  works  of  great 
paagnitude  and   cost   shall   have  also  the  approval   of 

xvni 


the  Board  of  Estimate  and  Apportionment,  and  of  a 
three-fourtlis  vote  of  the  people's  representatives  in  the 
Municipal  Assembly,  with  a  veto  power  in  the  Mayor, 
and  with  power  in  five-sixths  of  all  of  the  Municipal 
Assembly  to  override  the  Mayor's  veto. 

These  proyisions,  requiring  respectively  the  sanction 
of  the  Board  of  Estimate  and  Apportionment  and  of 
the  Board  of  Public  Improvements  and  the  sanction  of 
the  Municipal  Assembly,  and  subjecting  the  ordinances 
of  the  Municipal  Assembly  relating  to  them  to  the 
veto  power  of  the  Mayor  unless  overridden  by  a  five- 
sixths  vote,  will,  in  the  judgment  of  the  Commission, 
while  giving  the  city  the  necessary  power  of  develop- 
ment, render  it  substantially  safe  from  serious  abuse. 

The  essential  features  of  the  Board  of  Public  Im- 
provements are  (1)  a  President  of  the  Board  with  power 
to  enforce  harmonious  action  upon  all  the  Departments 
represented  in  the  Board  that  do  public  work ;  (2)  the 
responsibility  of  each  Department  represented  in  it  for 
the  work  to  be  done  by  the  Department ;  (3)  the  in- 
itiative in  matters  relating  to  public  improvements, 
which,  in  general,  is  lodged  therein.  The  Board  of  Pub- 
lic Improvements  proposed  in  the  charter  consists  of  the 
President  of  the  Board  to  be  appointed  by  the  Mayor, 
of  the  Commissioners  of  the  six  departments  having 
charge  of  the  six  great  branches  of  public  work  in  the 
city,  also  to  be  appointed  by  the  Mayor,  and  ex-ojicio  of 
the  Mayor,  the  Comptroller,  the  Corporation  Counsel, 
and  the  President  of  the  Borough.  The  Mayor,  the 
Comptroller,  and  the  Corporation  Counsel  have 
been  added  to  the  Board  of  Public  Improvements  in 
order  to  devolve  upon  that  body  not  only  the  functions 
that  are  given  to  the  corresponding  Board  in  the  City 
of  St.  Louis,  where  experience  has  demonstrated  its  value 

xrx 


and  efficiency,  but  also  the  functions  that  have  been  com- 
mitted in  New  York  heretofore  to  the  Board  of  Street 
Openings.  The  presence  of  these  great  officers  of  the 
city,  however,  upon  the  Board  of  Public  Improvements 
can  hardly  fail  to  be  an  advantage  to  the  Board  when 
acting  upon  the  important  questions  that  arise  in  con- 
nection with  all  public  work  that  is  carried  on  upon  a 
large  scale. 

The  other  member  of  the  Board  of  Public  Im- 
provements in  the  proposed  charter  is  the  President 
of  each  Borough.  For  administrative  purposes,  the 
city  has  been  divided  into  the  five  subdivisions  into 
which  the  territory  of  the  city  divides  itself  by  follow- 
ing natural  lines,  and  these  are  called,  in  the  proposed 
charter.  Boroughs.  These  Boroughs  are  named  Man- 
hattan, The  Bronx,  Brooklyn,  Queens  and  Richmond. 
To  those  familiar  with  the  territory  the  names  are  suf- 
ficiently descriptive.  The  President  of  a  Borough  is 
an  officer  elected  by  the  people  of  a  Borough  (1)  to  take 
the  initiative  in  connection  with  all  local  improvements 
that  are  to  be  paid  for  by  assessment  for  benefits  ;  and 
(2)  to  represent  the  Borough  on  the  Board  of  Public 
Improvements.  In  the  latter  Board,  the  President  of 
the  Borough  has  a  vote  as  to  all  questions  affecting  his 
own  borough.  The  Board  of  Public  Improvements  thus 
consists  of  eleven  members.  This  Board  is  one  of  the 
chief  constructive  provisions  of  the  charter,  and  has 
been  carefully  thought  out  in  its  constitution  and 
powers.  It  is  large  enough  to  bring  together  men 
of  different  outlook  and  different  ways  of  thinking,  so 
as  to  secure  intelligent  and  thorough  discussion.  It 
has  in  its  membership  the  heads  of  the  departments 
that  must  carry  on  all  city  work,  and  can  therefore 
command  the  advice  and  the  technical   information  of 


the  experts  in  all  of  these  departments.  The  city  at 
large  is  represented  by  its  two  great  elective  oflBcers, 
the  Mayor  and  the  Comptroller,  who  will  bring  to  the 
deliberations  of  the  Board  the  general  point  of  view, 
while  every  locality  is  ensured  a  hearing  and  a  voice  by 
the  presence  on  the  Board  of  the  President  of  the 
Borough.  Finally,  the  Corporation  Counsel  is  a  mem- 
ber of  the  Board  to  advise  it  upon  all  legal  questions 
that  may  arise.  The  Commission  is  sanguine  that  this 
feature  of  the  charter  will  justify  itself  as  thoroughly 
as  the  Board  of  Estimate  and  Apportionment  has 
justified  itself  during  the  past  twenty  years. 

Such  protective  provisions,  in  respect  of  the  debt 
creating  and  borrowing  powers  of  the  City,  are  neither 
anomalous  nor  unnecessary.  The  cost  of  public  im- 
provements in  the  municipalities  of  this  country,  per- 
manent in  their  nature  and  too  great  to  be  borne  out 
of  current  taxation,  is  generally  met  by  the  issue  of 
bonds  or  other  evidences  of  indebtedness  payable 
in  20  or  30  years,  or  other  long  periods  of  time. 

Safeguards  against  Excessive  Indebtedness. 

The  temptation  to  create  present  debt  and  to  throw 
the  burdens  of  it  on  the  future  is  very  great,  and  it 
is  universally  recognized  that  such  power  must  be  con- 
ferred under  necessary  limitations  ;  the  common  limita- 
tions in  this  country  being  a  constitutional  restriction 
on  the  total  aggregate  indebtedness  that  may  be  created, 
(which  is  generally  much  smaller  than  the  ten  per  cent, 
limitation  in  the  Constitution  of  New  York),  and  often 
the  sanction  also  of  a  popular  vote.  Even  these 
have  not  always  proved  effectual  against  the  creation 
of  improvident  or  extravagant  indebtedness.  In  England 


ZZI 


municipalities  must  submit  to  the  Home  Office  or  other 
central  authority  in  London  for  examination  and  sanc- 
tion every  project  which  requires  the  like  borrowing  of 
money.  This  check  on  ill-advised  improvements  works 
well  in  that  country,  although  it  is  a  check  which  is 
extrinsic  to  the  municipality,  and  one  that  is  imposed 
upon  the  power  of  the  electors  and  of  the  municipality 
itself.  On  a  similar  principle,  and  for  the  same 
purposes,  we  have  devised  and  imposed  checks 
upon  the  debt-creating  power  of  the  Greater  City 
by  requiring  the  sanction,  respectively,  of  the  Board  of 
Estimate  and  Apportionment  and  of  the  Board  of 
Public  Improvements,  and  by  subjecting  ordinances 
creatiDg  a  debt  to  the  Mayor's  power  of  veto.  The 
Constitutional  limitation  in  this  State  is  too  large 
to  be,  in  itself,  an  adequate  restriction,  and  the  local 
conditions  in  the  Greater  City  are  not  such  as  to 
make  it  appropriate,  in  many  instances,  at  least, 
to  submit  to  the  people  of  the  whole  city  the  ques- 
tion whether  a  given  improvement,  for  example, 
an  additional  bridge  over  the  East  Biver,  or 
other  like  improvement,  should  be  constructed  or 
made.  It  seems  to  the  Commission  that  the  checks 
and  safeguards  contained  in  the  charter  against  the 
creation  of  improvident  or  excessive  indebtedness  are 
specially  appropriate  to  the  circumstances  and  condi- 
tions of  the  Greater  City,  giving  it  freedom  of  action 
to  initiate  aU  needful  permanent  and  expensive  im- 
provements, provided  they  have  the  approval  of  the 
Boards  above  mentioned  and  the  sanction  of  the  Mayor. 


YYTT 


Assumption  of  Indebtedness. 

The  Commission  has  provided  as  a  necessary  result 
of  consolidation,  for  the  assumption  by  the  enlarged 
city  of  all  the  valid  debts  of  every  locality.  This  ap- 
peared to  it  to  be  mandatory  by  the  terms  of  the  law 
under  which  it  is  acting.  As  the  city  inherits  all  of 
the  powers,  franchises,  rights  and  property  of  the  munic- 
ipal and  public  corporations  to  be  consolidated,  it  must 
necessarily  assume  their  just  obligations  and  liabilities. 
It  would  be  impossible  to  secure  a  uniform  rate  of  taxa- 
tion throughout  the  territory  of  Greater  New  York, 
within  a  generation,  by  any  other  course.  It  would  be 
impossible,  in  any  real  sense,  to  unify  the  city  if  in  the 
matter  of  taxation  all  parts  of  it  were  to  be  treated  on 
a  different  basis,  as  distinct  entities  ;  and  it  is  not  to  be 
forgotten  that  anything  that  helps  any  part  of  the  city 
after  consolidation  takes  place,  tends  to  relieve  the 
burden  of  taxation  in  every  other  part. 

Careful  provision  is  made  in  the  Charter  to  secure 
equality  of  valuations  and  of  taxation  throughout  the 
entire  City  and  in  its  every  part. 

Police  Department. 

In  organizing  the  Police  Department  the  Commis- 
sion encountered  a  subject  upon  which  it  was  found 
that  unanimity  was  impossible.  Two  different  systems 
of  police  organization  were  in  existence  in  the  cities  to 
be  consolidated.  In  New  York  there  was  a  Police 
Board  of  four  members,  and  this  Board  was  charged 
with  the  duties  of  a  Board  of  Elections.  At  the  head 
of  the  Police  Department  in  Brooklyn  was  a  single 
Commissioner,  the  Board  of  Elections  being  a  distinct 

XXIII 


and  independent  organization  consisting  of  four 
members. 

The  Police  Chapter  as  finally  adopted  contains  these 
provisions  :  (1)  All  applicants  for  admission  to  the 
force  must  pass  a  civil  service  examination,  and  new 
members  must  be  selected  from  those  candidates  who 
are  graded  highest  by  the  Civil  Service  Commission 
after  such  examination.  (2)  Promotions  from  the 
lower  to  the  higher  grades  must  be  made  on  grounds 
of  seniority,  of  merit  and  of  excellence,  as  shown  by 
competitive  examinations.  (3)  "  No  promotion,  ex- 
cept in  case  of  a  vacancy  in  the  office  of  Chief  of 
Police,  shall  be  made  unless  the  same  is  recommended 
by  the  Chief  of  Police  in  writing,  stating  his  reasons 
for  such  recommendation."  (4)  To  prevent  a  dead- 
lock, "  in  case  of  the  rejection  of  any  recommenda- 
tion for  promotion  the  Chief  of  Police  shall  submit 
another  name  within  three  days,  and  shall  continue  so 
to  do  until  such  vacancy  is  filled."  (5)  The  action  of 
the  Board  upon  these  recommendations  is  by  a  ma- 
jority vote.  (6)  The  Chief  of  Police  may  be  retired 
and  thus  removed  from  office  by  the  unanimous  vote 
of  four  Commissioners,  or  by  a  majority  vote  ap- 
proved by  the  Mayor. 

It  will  thus  be  seen  that  the  Police  Department 
under  the  new  charter  is  organized  upon  principles 
quite  difi'erent  from  anything  that  has  heretofore  pre- 
vailed either  in  New  York  or  Brooklyn. 

Consolidation  of  Police  Forces. 

The  charter  provides  for  the  consolidation  into  a 
single  force  of  all  the  police  forces  of  the  tenitory  to 
be  consolidated,  and  also  of  all  the  Park  police  and  of 

XXIV 


the  police  of  the  New  York  and  Brooklyn  Bridge. 
The  advantages  to  be  gained  by  such  a  consolidation 
of  police  forces  are  apparent.  Some  objection  has 
been  made  that  the  duties  of  the  Park  police  are  so 
different  from  those  of  the  regular  police  as  to  make 
consolidation  of  the  force  in  their  case  unwise.  The 
Commission,  in  this  respect,  has  acted  upon  the  plan 
that  has  worked  well  in  connection  with  the  Sanitary 
Squad,  a  body  of  police  assigned  to  duty  under  the 
orders  of  the  Health  Department.  That  is  to  say, 
while  the  parks  will  be  policed  by  members  of  the 
police  force  assigned  to  duty  therein,  such  members, 
while  so  assigned,  will  be  subject  to  the  orders  of  the 
Park  Commissioners  as  fully  as  the  Park  police  now. 
By  this  arrangement  the  Commission  thinks  that  it 
has  secured  in  police  matters,  even  as  regards  the 
Parks,  the  advantages  of  both  systems. 

Salaries  in  Police  and  Fire  Departments. 

Another  aspect  of  the  financial  problem  has  pre- 
sented itself,  to  the  great  perplexity  of  the  Commis- 
sion, in  connection  with  the  salaries  of  the  uniformed 
forces  of  the  Police  and  Fire  Departments.  It  is  cer- 
tainly just  that  when  men  are  liable  to  duty,  either  as 
policemen  or  firemen,  in  any  part  of  the  great  city, 
they  should  receive  the  same  rate  of  pay.  On  the 
other  hand,  the  question  whether  the  pay  ought  to  be 
immediately  unified  has  seemed  to  the  Commission  a 
somewhat  different  one.  In  amalgamating  into  a 
single  force  the  police  forces  of  the  various  cities  to  be 
consolidated,  and  also  the  park  police  of  the  various 
cities  and  the  bridge  police,  it  is  clear  that  amalgama- 
tion in  anything  more  than  a  nominal  sense  must  be  a 

XXV 


matter  of  time.  The  police  forces  so  to  be  consolidated 
are  likely  for  a  time  to  continue  to  serve,  for  the  most 
part,  where  they  now  are,  and  under  conditions  that 
hare  hitherto  prevailed.  In  the  meanwhile,  it  has 
seemed  to  the  Commission  a  real  hardship  to  Greater 
New  York,  before  it  has  realized  any  of  the  benefits  of 
consolidation,  immediately  to  fix  the  salaries  of  the 
police  and  fire  forces  all  over  the  consolidated  territory 
at  the  high  figures  that  now  prevail  in  the  present  city 
of  New  York,  which  are  based  very  largely,  it  is  to  be 
presumed,  upon  the  greater  cost  of  living  on  Manhattan 
Island.  It  has  seemed  to  the  Commission,  therefore, 
that  it  is,  on  the  whole,  just  to  all  concerned  to  place 
the  members  of  the  various  police  and  fire  forces  to  be 
consolidated  with  the  present  New  York  police  and 
fire  forces,  in  a  position  to  secure  at  once  a  yearly 
increase  of  pay,  and  entire  uniformity  of  pay  within  three 
years.  It  is  proper  to  point  out  that  the  park  police 
of  the  present  city  of  New  York  are  dealt  with  by  the 
Commission  in  precisely  the  same  way  as  the  other 
police  forces  to  be  consolidated  into  the  police  force  of 
the  greater  city.  In  the  meanwhile,  provision  has  been 
made  for  the  initial  appointment  to  the  police  and  fire 
forces  of  Greater  New  York,  after  January  Ist,  1898,  at 
a  salary  of  $800  instead  of  $1,000,  the  minimum  rate  of 
pay  at  the  present  time  in  the  City  of  New  York. 

Protection  of  Looal  Interests. 

Manifestly  one  of  the  most  difficult  problems  that  the 
Commission  has  had  to  meet  has  been  to  determine  to 
what  extent  and  how  the  interests  of  the  different  locali- 
ties in  the  great  city  could  be  adequately  provided  for 
■without  exposing  the  city,  on   the   one  hand,  to  grave 

XXVI 


financial  danger  by  reason  of  extravagant  demands  of 
suburban  localities,  and  without  depriving  these  locali- 
ties, on  the  other  hand,  of  the  advantages  reasonably  to 
be  expected  from  consolidation.  The  Commission  is  of 
opinion  that  the  President  of  each  Borough,  sitting  as 
he  does  in  the  Board  of  Public  Improvements,  will  be 
an  important  factor  in  the  successful  working  out  of 
the  problem. 

The  Boards  of  Local  Improvements  consist  of  the 
President  of  the  Borough  and  of  the  members  of  the 
Municipal  Assembly  residing  within  any  given  Sena- 
torial District,  the  Senatorial  District  having  been 
chosen  as  the  unit  for  the  consideration  of  improve- 
ments to  be  paid  for  by  assessment  for  benefits.  These 
Local  Boards  give  the  neighborhood,  as  such,  a  voice 
by  which  it  can  speak  in  relation  to  matters  of  local 
concern,  and  especially  as  to  what  are  technically 
known  as  local  improvements  ;  that  is  to  say,  improve- 
ments to  be  paid  for  by  assessment  for  benefits. 

The  procedure  in  regard  to  improvements  to  be  paid 
for  by  assessment  for  benefits  has  been  settled  after 
public  hearings  and  full  discussion  and  deliberate  con- 
sideration. The  locality  has  the  opportunity  to  ex- 
press its  wishes  in  the  matter  through  its  Local 
Board,  presided  over  by  the  President  of  the  Borough. 
The  judgment  of  the  Board  of  Public  Improvements, 
on  which  the  city  at  large,  as  well  as  each  locality,  is 
represented,  is  relied  upon  to  protect  the  public  inter- 
est, and  to  prevent  the  credit  of  the  city  from  being 
placed  at  the  service  of  speculators  and  contractors. 
In  the  scheme  adopted,  local  improvements  are  to  be 
aided  by  the  credit  and  means  of  the  city,  and  the  city 
cannot  wholly  surrender  the  control  thereof.  The 
procedure  adopted   is   simple,  and   involves   no   delay 

xxvn 


other  than  that  which  is  essential  for  the  thorough 
investigation  by  the  Board  of  Public  Improvements  of 
each  proposition. 

Care  has  been  taken  to  protect  all  maps  that  have 
finally  been  adopted  for  any  part  of  the  city,  from  ill- 
considered  change.  The  duty  of  mapping  parts  of  the 
city  that  are  not  yet  mapped  has  been  devolved  upon 
the  President  of  the  Board  of  Public  Improvements  in 
connection  with  the  Commissioner  of  Sewers.  This 
arrangement  has  been  chosen  because  it  was  deemed 
undesirable  to  build  up  special  machinery  in  each 
borough  for  this  purpose.  Again,  it  was  held  to  be 
essential  that  the  oflBcer  originally  making  the  maps 
should  be  in  a  position  to  command  the  complete 
co-operation  of  the  Department  of  Sewers,  inas- 
much as  the  drainage  system  adopted  is, 
to  a  considerable  extent,  the  determining  factor 
as  to  the  lines  and  grades  of  streets  and  high- 
ways. On  the  other  hand,  the  President  of  the 
Borough  as  a  member  of  the  Board  of  Public  Improve- 
ments, will  be  associated  with  this  work  only  less 
closely  than  if  he  had  it  directly  in  his  own  charge.  It 
is  possible  that  the  President  of  the  Board  of  Public 
Improvements  may  improperly  disregard  the  views  of 
the  locality  ;  but  so  it  is  possible  that  a  headstrong 
President  of  a  Borough  might  do  the  same  thing.  In 
the  meanwhile,  such  action  is  not  to  be  anticipated  in 
either  case.  It  is  rather  to  be  assumed  that,  in  a  board 
composed  as  the  Board  of  Public  Improvements  will 
be  composed,  every  new  section  of  the  city  will  be 
mapped  sagaciously  and  in  the  public  interest.  The 
Board  of  Public  Improvements  and  also  the  Municipal 
Assembly,  with  the  approval  of  the  Mayor,  are  given 
power  to  call  for  the   completion  of  any  map  by  a  date 

XX  vm 


to  be   fixed,   so   as   to   put   an   end   to    unreasonable 
delay. 

By  these  provisions  the  Commission  thinks  it  has 
met  successfully  and  equitably  the  requirements  of  the 
problem  to  be  dealt  with.  It  has  been  impossible  for 
the  Commission  to  accept  the  proposition  that  was  so 
strongly  urged  from  one  locality,  that  every  borough 
should  elect  its  own  Commissioner  of  Public  Works, 
who  should  have  control  over  and  be  responsible  for 
public  work  of  all  kind  within  the  limits  of  the 
Borough.  Whatever  may  be  the  advantages  of  this 
proposition,  it  is  not  consolidation  ;  it  is  rather  disin- 
tegration. Such  a  plan  would  make  the  greater  city 
furnish  the  money  to  each  locality  for  whatever  work 
it  wanted  to  do,  and  would  leave  the  locality  free 
handed  to  do  it  in  its  own  way.  It  would  deprive  all 
parts  of  the  city  of  anything  like  unity  of  develop- 
ment, and  would,  in  effect,  destroy  whatever  ad- 
vantage is  to  be  expected  from  consolidation  in 
the  direction  of  ski] led  oversight  and  control.  The 
Commission  has  been  obliged  to  assume  it  as  a 
fundamental  proposition  from  which  it  has  departed  in 
no  instance  that  the  control  of  all  public  work  of  every 
kind  should  proceed  from  the  centre,  and  that  it  should 
be  executed  by  the  agents  of  the  city  as  distinguished 
from  the  agents  of  the  locality. 

The  scheme  in  the  charter  whereby  the  city  aids 
with  its  credit  and  money  the  making  of  local  improve- 
ments by  issuing  its  bonds  and  raising,  in  the  first 
instance,  the  amount  needful  for  such  works,  and 
relying  for  reimbursement  upon  afterwards  collecting 
assessments  for  benefits,  is  a  provision  of  extreme 
liberality  on  the  part  of  the  city  towards  the  localities. 
Such  a  power  was  regarded  by  some   of   the   members 

XXIX 


of  the  Commission  as  liable  to  lead  to  excessive  in- 
debtedness on  tbe  part  of  the  city,  and  they  urged  that 
no  such  improvements  be  made  unless  one- third,  or 
some  other  proportion,  of  the  cost  should  be  raised  in 
advance  by  the  property  interested.  The  Commission 
decided  upon  the  scheme  outlined  whereby  the  en- 
larged city  will  extend  its  aid,  but  under  the  safeguards 
provided  in  the  Charter. 

In  dealing  with  interests  so  comprehensive  and  so 
important  as  those  that  are  affected  by  the  proposition 
to  consolidate  into  a  single  city  the  three  cities  and 
the  other  territory  that  are  to  become  a  part  of 
Greater  New  York,  it  is  not  surprising  that  opinion  in 
the  Commission,  as  well  as  outside  of  it,  should  have 
been  sharply  divided  upon  some  points.  Notwith- 
standing these  divisions  of  opinion,  the  Commission 
are  at  one  in  recommending  to  the  Legislature  the 
adoption  of  the  charter  as  submitted. 

Concluding  Observations. 

The  Commission,  as  it  has  studied  the  problem  com- 
mitted to  it  for  solution,  has  become  more  and  more  sen- 
sible of  the  gravity  of  it.  It  appears  to  the  Commission 
inevitable  that  there  should  be  more  or  less  inconven- 
ience and  possibly  some  confusion  for  a  time,  resulting 
from  the  substitution  of  a  new  government  for  so  many 
other  and  different  forms  of  administration  throughout 
the  consolidated  territory.  Village  governments,  town 
governments,  city  governments  and  county  governments 
are  alike  called  upon  .to  give  place  to  a  city  government 
to  come  into  being  on  a  fixed  date.  There  are  no 
ofl&cers  in  existence  competent  to  make  a  budget  for 
the  enlarged  city,   nor  to   lay   a  tax   for  its  benefit,  as 


such,  in  advance  of  its  constitution.  The  Commission 
has  provided  that  the  different  parts  of  the  territory 
to  be  consolidated  shall  raise  their  tax  for  1898  pre- 
cisely as  though  consolidation  were  not  to  take  place  ; 
and  the  Charter  equips  the  enlarged  City  with  authority 
to  make  good  deficiencies  and  to  readjust  in  1899  any 
inequality  of  contribution  that  may  be  incident  to  the 
abnormal  condition  prevailing  in  1898.  But,  while  the 
Commission  is  aware  that  some  confusion  may  be  in- 
evitable in  connection  with  a  reorganization  of  govern- 
ment so  far-reaching,  it  is  nevertheless  prepared  to 
say,  without  dissent  on  the  part  of  any  member,  that  it 
believes  consolidation  can  safely  be  undertaken  under 
the  provisions  of  the  proposed  Charter  and  the  special 
Acts  supplemental  thereto. 

The  Commission  does  not  assume  that  it  has  been 
able  to  anticipate  every  contingency,  nor,  with  all 
its  care,  that  it  has  been  able  altogether  to  avoid 
omissions,  repetitions  and  mistakes ;  but  it  does  be- 
lieve, after  everything  has  been  said,  that  the  Charter 
contains  a  system  of  government  for  the  consolidated 
city  that  may  safely  be  put  into  operation  with  the  as- 
surance that  it  will  quickly  adjust  itself  to  the  city's 
needs. 

The  Commission  is  glad  to  be  able  to  add  that  its 
study  of  the  problem  has  left  it  more  firmly  con- 
vinced than  ever  that  the  large  and  permanent  interests 
of  all  the  communities  involved  will  be  advanced  by 
uniting  them  in  the  City  of  New  York.  Consolidation 
cannot  do  otherwise  than  facilitate  the  spread  of  popu- 
lation. To  the  extent  that  it  does  this,  it  will  increase 
the  number  of  citizens  who  can  own  their  own  homes 
and  will  multiply  still  more  largely  the  number  of  those 
who  can  hope  to  do  so.    In  the  long  run,  the  government 

XXXI 


of  the  city  and  tbe  government  of  the  State  must  both 
be  benefited  by  such  a  result. 

Manhattan  Island  is  to-day  the  business  centre 
of  a  Greater  New  York  of  not  less  than  three 
millions  of  people.  There  are  those  now  living 
who  may  see  it  the  business  centre  of  a  popula- 
tion twice  as  large.  In  the  meanwhile,  by  unit- 
ing into  one  city  the  settlements  (within  the  city 
limits)  that  line  the  shores  of  the  Sound,  the  East 
River  and  the  Bay,  so  far  as  they  are  included  in  the 
State  of  New  York,  the  City  of  New  York  secures  an 
opportunity  to  command  the  development  of  commer- 
cial facilities  throughout  the  length  and  breadth  of  its 
magnificent  water  front,  which  probably  could  not  be 
had  in  any  other  way. 

The  Commissioners  unite  in  recommending  the 
Greater  New  York  Charter  to  the  favorable  considera- 
tion of  the  legislature. 

B.  F.  Tracy  President 
W.  L.  Strong  Mayor 
F.  W.  WuRSTEB  Mayor 
P.  J.  Gleason  Mayor 
John  F,  Dillon 
Wm.  C.  DeWitt 
Thos.  F.  Gilroy 
Silas  B.  Ddtcher 
Seth  Low 
Harrison  S.  Moore 
Stewart  L.  Woodford 
Campbell  W.  Adams 

State  Engineer  and  Siu'veyor 
T.  E.  Hancock  Attorney-General 
Geo.  M.  Pinney  Jr.  Secretary. 
Dated  New  York,  February  18th,  1897. 

XXXII 


[UiriVBRSIITl 

THE  GREATER  NEW  YORK  CHARTER. 


AN  ACT 

To  unite  into  one  municipality  under  the  cor- 
porate name  of  The  City  of  New  York,  the 
various  communities  lying  in  and  about  New 
York  Harbor,  including  the  City  and  County 
of  New  York,  the  City  of  Brooklyn  and  the 
County  of  Kings,  the  County  of  Richmond, 
and  part  of  the  County  of  Queens,  and  to 
provide  for  the  government  thereof. 

T/ie  people  of  the   State  of  New    York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

CHAPTER  I. 

BOUNDARIES,     BOROUGHS,    POWERS,  RIGHTS    AND    OBLIGATIONS 

OF   THE    CITY. 

The    City  of   New    York ;  corporations    consolidated;    territory ; 
short  title  of  this  Act. 

Section  1.  All  the  municipal  and  public  corporations 
and  parts  of  municipal  and  public  corporations,  including 
cities,  villages,  towns  and  school  districts,  but  not  including 
counties,  within  the  following  territory,  to  wit :  The  County 
of  Kings,  the  County  of  Richmond,  the  city  of  Long  Island 
City,  the  towns  of  Newtown,  Flushing  and  Jamaica,  and  that 
part   of    the  town    of    Hempstead,    in  the    County  of    Queens* 

1 


which  is  westerly  of  a  straight  line  drawn  from  the  southeast. 
erly  point  of  the  town  of  Flushing  through  the  middle  of  the 
channel  between  Rockaway  Beach  and  Shelter  Island,  in  the 
County  of  Queens,  to  the  Atlantic  Ocean,  are  hereby  annexed 
to,  united  and  consolidated  with  the  municipal  corporation 
known  as  the  Mayor,  Aldermen  and  Commonalty  of  the  City 
of  New  York,  to  be  hereafter  called  "The  City  of  New 
York;"  and  the  boundaries,  jurisdictions  and  powers  of  the  said 
City  of  New  York  herein  constituted,  are  for  all  purposes  of 
local  administration  and  government,  hereby  declared  to  be 
co-extensive  with  the  territory  above  described ;  and  the  said 
City  of  New  York  is  hereby  declared  to  be  the  successor  corpora- 
tion in  law  and  in  fact  of  all  the  municipal  and  public  corpora- 
tions united  and  consolidated  as  aforesaid  with  all  their  lawful 
rights  and  powers  and  subject  to  all  their  lawful  obligations 
without  diminution  or  enlargement  except  as  herein  otherwise 
specially  provided ;  and  all  of  the  duties  and  powers  of  the 
several  municipal  and  public  corporations  united  and  consoli- 
dated as  aforesaid  into  The  City  of  New  York  are  hereby  de- 
volved upon  the  Municipal  Assembly  of  said  City  of  New  York 
so  far  as  the  same  are  applicable  to  said  City  and  not  herein 
otherwise  specially  provided,  to  be  exercised  in  accordance  with 
the  provisions  of  this  Act. 

This  Act  may  be  cited  by  the  short  title  of  "The 
Greater  New  York  Charter." 

Division  into  Boroughs. 

Sec.  2.  The  City  of  New  York,  as  constituted  by  this 
Act,  is  hereby  divided  into  five  Boroughs  to  be  designated 
respectively:  Manhattan,  The  Bronx,  Brooklyn,  Queens  and 
Richmond ;   the  boundaries  whereof  shall  be  as  follows : 

First.  The  Borough  of  Manhattan  shall  consist  of  all  that 
portion  of  The  City  of  New  York,  as  hereby  constituted,  known 
as  Manhattan  Island,  Nuttin  or  Governor's  Island,  Bedloe's 
Island,  Bucking  or  Ellis  Island,  the  Oyster  Islands,  and  also 
Blackwell's  Island,  Randall's  Island  and  Ward's  Island  in  the 
East  or  Harlem  Rivers. 


Second.  The  Borough  of  The  Bronx  shall  consist  of  all  that 
portion  of  The  City  of  New  York,  as  hereby  constituted,  lying 
northerly  or  easterly  of  the  Borough  of  Manhattan,  between  the 
Hudson  River  and  the  East  River  or  Long  Island  Sound, 
including  the  several  islands  belonging  to  the  Municipal  Cor- 
poration heretofore  known  as  the  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York,  not  included  in  the  Borough 
of  Manhattan. 

Third.  The  Borough  of  Brooklyn  shall  consist  of  that  portion 
of  The  City  of  New  York,  as  hereby  constituted,  hitherto  known 
as  the  City  of  Brooklyn. 

Fourth.  The  Borough  of  Queens  shall  consist  of  that  portion 
of  Queens  County  included  in  The  City  of  New  York,  as  hereby 
constituted. 

Fifth.  The  Borough  of  Richmond  shall  consist  of  the  territory 
known  as  Richmond  County. 

Name  ;  poivers  and  rights  of  the  corporation;  seal. 

Sec.  3.  The  name  of  the  corporation  constituted  by  this 
Act  shall  be  ''The  City  of  New  York,"  and  the  same  shall 
by  that  name,  be  a  body  politic  and  corporate  in  fact  andi 
in  law  with  power  to  contract  and  to  be  contracted  with,  to  sue 
and  be  sued,  to  have  a  common  seal  and  to  have  perpetual  suc- 
cession, with  all  of  the  rights,  properties,  interests,  claims, 
demands,  grants,  powers,  privileges  and  jurisdictions  held  by 
the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  and  held  by  each  of  the  municipal  and  public  corporations 
or  parts  thereof,  other  than  counties,  by  this  Act  united  and 
consolidated  with  the  corporation  known  as  the  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  except  so  far  as 
modified  or  repealed  by  the  provisions  of  this  Act. 

Local  Government ;  Municipal  Assembly  ;  liabilities  of  corporations 
consolidated. 

Sec.  4.  For  all  purposes  the  local  administration  and  gov- 
ernment of  the  people  and  property  within  the  territory  hereby 

3 


comprised  within  The  City  of  New  York  shall  be  in  and  be  exer- 
cised by  the  corporation  aforesaid  ;  and  the  Municipal  Assembly, 
as  in  this  Act  constituted,  subject  to  the  conditions  and  provis- 
ions of  this  Act,  shall  exercise  all  the  powers  vested  in 
the  corporation  of  The  City  of  New  York  by  this  Act  or  other- 
wise, save  as  in  this  Act  is  otherwise  specially  provided.  AH 
valid  and  lawful  charges  and  liabilities  now  existing  against  any 
of  the  municipal  or  public  corporations,  or  parts  thereof,  which 
by  this  Act  are  made  part  of  the  corporation  of  The  City  of  New 
York,  including  the  County  of  Kings  and  the  County  of  Rich- 
mond, or  which  may  hereafter  arise  or  accrue  against  such 
municipal  and  public  corporations  or  parts  thereof,  including 
the  said  Counties  of  Kings  and  Richmond,  which  but  for  this 
Act  would  be  valid  and  lawful  charges  or  liabilities  against  the 
same,  shall  be  deemed  and  taken  to  be  like  charges  against  or 
liabilities  of  the  said  City  of  New  York,  and  shall  accordingly  be 
defrayed  and  answered  unto  by  it  to  the  same  extent,  and  no 
further,  than  the  said  several  constituent  corporations  would  have 
been  bound  if  this  Act  had  not  been  passed.  All  bonds,  stocks, 
contracts  and  obligations  of  the  said  municipal  and  public  cor- 
porations, including  the  County  of  Kings  and  the  County  of 
Richmond,  and  such  proportion  of  the  debt  of  the  County  of 
Queens  and  of  the  Town  of  Hempstead  as  shall  be  ascertained 
as  hereinafter  prescribed,  which  now  exist  as  legal  obligations, 
shall  be  deemed  like  obligations  of  The  City  of  New  York, 
and  all  such  obligations  as  are  authorized  or  required  to  be  here- 
after issued  or  entered  into,  shall  be  issued  or  entered  into  by 
and   in  the  name  of  the  corporation  of  The  City  of  New  York. 

Laws  relating  to  the  creation  and  payment  of  debts  to  remain  in 
force  ;  common  debt ;  taxation. 

Sec.  5.  All  laws,  or  parts  of  laws,  heretofore  passed 
creating  any  debt  or  debts  of  the  municipal  and  public  corporations 
united  and  consolidated  as  aforesaid,  or  for  the  payment  of 
such  debts,  or  respecting  the  same,  as  well  as  every  such  law 
respecting  the  debts  of  the  corporation  known  as  the  Mayor, 
Aldermen  and  Commonalty  of  the  City  of  New  York,  shall 
remain  in  full  force  and   effect,  except   that   the   same   shall   be 

4 


carried  out  by  the  corporation  hereby  constituted,  to  wit :  The  City 
of  New  York,  and  under  such  name  and  in  such  form  and 
manner  as  may  be  suitable  to  the  administration  of  said  corpora- 
tion ;  and  all  the  pledges,  taxes,  assessments,  sinking  funds, 
and  other  revenues  and  securities  provided  by  law  for  the  pay- 
ment of  the  debts  of  the  municipal  and  public  corporations 
aforesaid,  shall  be  in  good  faith  enforced,  maintained  and  carried 
out  by  the  corporation  of  The  City  of  New  York.  All  the  valid 
debts  of  the  municipal  and  public  corporations  mentioned  in 
the  first  section  of  this  Act,  including  the  County  of  Kings 
and  the  County  of  Richmond  and  the  proportion  of  the  debt 
of  the  County  of  Queens  and  of  the  Town  of  Hempstead 
aforesaid,  and  the  valid  debts  of  the  towns,  incorporated 
villages,  and  school  districts  herein  united  and  consolidated  with 
the  corporation  heretofore  known  as  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York  into  The  City  of  New 
York,  as  well  as  the  debts  of  the  latter  corporation,  shall  be 
the  common  debt  of  The  City  of  New  York,  as  hereby  consti- 
tuted. So  far  as  resort  to  taxation  is  authorized  or  nec- 
essary to  pay  such  debts,  such  taxation  shall  extend  equally 
throughout  the  territory  of  the  corporation  herein  consti- 
tuted, except  that  all  assessments  for  benefits,  heretofore 
laid  or  provided  to  be  laid  for  the  payment  of  any  portion 
of  such  debts,  or  to  reimburse  any  of  the  said  municipal 
and  public  corporations  which  created  such  debt,  in  respect 
thereof,  shall  be  preserved  and  enforced,  it  being  the  intent 
hereof  that  the  obligations  and  liability  of  The  City  of  New  York, 
as  the  successor  of  municipalities  and  public  corporations  consol- 
idated into  it,  shall  be  the  same  as,  and  not  otherwise  or  greater 
than,  the  respective  obligations  and  liabilities  of  the  several 
constituent  corporations,  and  that  The  City  of  New  York  shall 
succeed  to  all  of  their  rights  as  well  as  to  their  obligations  and 
liabilities  in  respect  thereof,  except  as  herein  otherwise  specially 
provided. 

Effect  where  only  a  part  of  a  Corporation  is  annexed. 

Sec.  6.      Where  part  only  of  the  territory  of  a  municipal  or 
public  corporation  is  embraced  by  this  Act  within  the   limits   of 

5 


The  City  of  New  York,  as  herein  constituted,  the  respective 
rights,  duties  and  HabiUties  of  the  said  City  and  of  the  municipal 
or  public  corporations  part  of  whose  territory  is  so  annexed  to  the 
said  City,  shall  be  as  in  this  Act  provided.  If  any  case  shall  arise 
for  which  this  Act  does  not  make  provision,  or  full  and  ade- 
quate provision  arising  out  of  such  annexation,  or  out  of  the 
consolidation  herein  provided  for,  the  Municipal  Assembly  may 
by  ordinance  make  provision  for  such  case,  or  for  its  equitable 
determination,  so  far  as  concerns  The  City  of  New  York. 

Same  subject.      Creation  of  debt. 

Sec.  7.  No  municipal  or  public  corporation,  part  of  whose 
territory  is  annexed  to  The  City  of  New  York,  shall  hereafter 
create  any  debt  which  shall  bind  property  within  The  City  of 
New  York,  nor  shall  such  municipal  or  public  corporation  levy 
any  tax  or  assessment  upon  property  within  The  City  of  New 
York,  as  herein  constituted. 

Transfer  of  property;  Counties  not  to  become  indebted. 

Sec.  8.  In  consideration  of  the  foregoing  provisions  where- 
by The  City  of  New  York,  as  hereby  constituted,  assumes 
as  aforesaid  the  valid  debts,  obligations  and  liabilities  of 
the  municipal  and  public  corporations  including  the  counties, 
towns,  incorporated  villages  and  school  districts  as  afore- 
said, and  to  carry  out  the  scheme  and  purpose  of  this  Act, 
all  of  the  public  buildings,  institutions,  public  parks,  water 
works  and  property  of  every  character  and  description, 
whether  of  a  public  or  private  nature,  heretofore  owned  and  con- 
trolled by  any  of  the  said  municipal  and  public  corporations  or 
parts  thereof,  hereby  consolidated  into  The  City  of  New  York, 
including  any  and  all  such  property  owned  by  the  County  of 
New  York,  the  County  of  Kings,  and  the  County  of  Richmond, 
wherever  situated,  and  by  the  County  of  Queens  situated  in  that 
portion  thereof,  which  is  included  within  the  limits  of  The  City 
of  New  York,  as  constituted  by  this  Act,  and  all  the  right,  title 
and  interest  of  the  said  municipal  and  public  corporations  and 
counties  as  aforesaid,  or  any  of  them,  in  and  to  such  property, 
are  hereby  vested  in  The  City  of    New' York  and  divested  out  of 

6 


the  said  corporations  and  counties,  and  the  poM  er  of  said  muni- 
cipal and  public  corporations  and  of  the  said  counties 
of  New  York,  Kings  and  Richmond  to  become  indebted, 
shall  cease  upon  the  consummation  and  taking  effect  of  the 
consolidation  herein  provided  for.  There  is  excepted  from  the 
provisions  of  this  section  the  court  house  and  county  buildings 
in  the  County  of  Queens  situated  within  the  limits  of  The  City 
of  New  York,  as  hereby  constituted. 

Former  funds  ;  payable  to  The  City  of  New  York. 

Sec.  9.  All  funds  and  moneys  which,  on  the  first  day  of 
January,  1898,  shall  be  held  by  or  be  payable  to  the  Receiver 
of  Taxes  or  to  the  County  Treasurer  of  the  County  of  Rich- 
mond, or  to  any  officer  of  any  of  the  municipal  and  public 
corporations,  or  parts  of  municipal  and  public  corporations, 
hereby  consolidated  with  the  corporation  heretofore  known 
as  the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  as  well  as  all  funds  and  moneys  then  held  by  or 
payable  to  any  officer  of  said  last  named  corporation,  shall 
be  deemed  to  be  held  by  and  be  payable  to  the  corporation 
of  The  City  of  New  York,  constituted  by  this  Act,  solely  as 
the  funds  and  moneys  of  said  corporation,  and  upon  the 
day  aforesaid  shall  be  delivered  to  the  officer  of  said  corpora- 
tion entitled  by  this  Act  to  hold  and  control  the  same. 

Expenses  of  the  City  for  the  year  1898. 

Sec.  10.  In  the  year  1897  it  shall  be  the  duty  of  the  proper 
authorities  of  the  various  municipal  and  public  corporations  con- 
solidated by  this  Act  into  The  City  of  New  York,  to  prepare  a 
jbudget  for  the  year  1898,  as  required  by  existing  law,  and  to 
levy  taxes  for  the  year  1898  in  1897,  as  required  by  existing  law, 
as  though  such  municipal  and  public  corporations  were  not 
to  be  consolidated  into  The  City  of  New  York ;  and  in  so  far 
as  such  taxes  shall  remain  uncollected  on  the  first  day  of 
January,  1898,  they  shall  become  valid  liens  due  to  the  Cor- 
poration by  this  Act  constituted,  and  shall  be  collected  by 
it  through  the  appropriate  officers  of  The  City  of  New 
York,  as  hereby  constituted,    pursuant   in    all    respects    to    the 

7 


laws  under  which  said  taxes  were  levied  and  were  to  be 
collected.  On  and  after  January  first,  1898,  the  funds  received 
by  the  Chamberlain  of  The  City  of  New  York,  under  this 
Act,  and  the  proceeds  of  revenue  bonds  issued  in  anticipa- 
tion of  the  taxes  for  1898  in  the  City  of  New  York,  as  consti- 
tuted prior  to  the  passage  of  this  Act,  and  the  proceeds  of  the 
tax  levy  therein  of  1898,  may  be  used  for  the  expenses  of  The 
City  of  New  York,  as  constituted  by  this  Act,  in  such  manner 
as  the  Board  of  Estimate  and  Apportionment  for  that  year  may 
determine ;  and  it  shall  be  the  duty  of  the  Board  of  Estimate 
and  Apportionment  to  apportion  the  said  funds  to  the  various 
city  departments  as  created  by  this  Act,  so  that  such  funds 
shall  be  used  as  nearly  as  may  be,  for  the  objects  for  which  they 
were  raised.  The  Board  of  Estimate  and  Apportionment,  dur- 
ing the  year  1898,  shall  have  power  to  direct  the  issue  of  rev- 
enue bonds  of  The  City  of  New  York,  to  be  redeemed  out  of  the 
tax  to  be  paid  in  1899,  for  such  purposes  and  in  such  amounts  as 
may  be  necessary  to  provide  for  the  efficient  conduct  of  the  city 
in  all  its  departments,  during  1898,  provided  that  the  sums  so 
raised  in  1898  shall  be  subject  to  be  raised  by  taxation  upon 
the  various  Boroughs  on  the  basis  elsewhere  provided  in  this  Act. 

Expense  of  public  schools  for  the  year  1898. 

Sec.  11.  The  Board  of  Estimate  and  Apportionment 
shall,  out  of  the  residue  of  the  various  funds  raised  for 
the  support  of  the  public  schools  of  the  different  parts  of  the 
city  during  the  year  1898,  constitute  from  and  after  July  first, 
1898,  the  Special  School  Fund  and  the  General  School  Fund  for 
the  year  1898,  so  that  the  schools  of  the  city  may  begin  in  the 
autumn  of  1898  to  be  conducted  upon  the  basis  of  this  division  of 
funds,  and  in  general,  upon  the  system  hereinafter  prescribed  in 
this  Act.  Up  to  July  first,  1898,  the  school  money  shall  be 
spent  as  raised,  for  all  school  purposes,  by  the  various  School 
Boards  respectively.  It  shall  be  the  duty  of  the  Board  of  Edu- 
cation as  constituted  under  this  Act,  to  make  all  appointments 
therein  provided  for,  and  to  adopt  the  necessary  by-laws  at  such 
time  and  in  such  manner,  that  the  new  system  for  the  administra- 
tion of  the  public  schools  of  the  city  as  provided  by  this  Act,  shall 
go  into  full  effect  on  July  first,  1898. 

8 


CHAPTER  II. 


LEGISLATIVE    DEPARTMENT. 


Legislative  poxver  ;  where  vested. 

Sec.  17.  The  legislative  power  of  The  City  of  New  York 
shall  be  vested  in  two  houses  to  be  known,  respectively,  as  the 
Council  and  Board  of  Aldermen  to  be  together  styled  "The 
Municipal  Assembly  of  The  City  of  New  York." 

Council;  number  of ;  president ;  quorum;  salaries. 

Sec.  18.  The  Council  shall  consist  of  twenty-nine  members, 
one  of  whom  shall  be  its  President.  The  President  shall  be  chosen 
on  a  general  ticket  by  the  qualified  voters  of  the  City,  at  the  same 
time  and  for  the  same  term  as  herein  prescribed  for  the  Mayor.  He 
shall  be  known  as  the  President  of  the  Council,  and  shall, 
except  as  herein  provided,  possess  all  the  rights,  privileges 
and  powers,  and  perform  the  duties  .now  conferred  or  imposed 
by  law  upon  the  President  of  the  Board  of  Aldermen  of  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York. 
A  majority  of  all  the  members  elected  to  the  Council  shall  con- 
stitute a  quorum.  The  salary  of  the  President  of  the  Council  shall 
be  five  thousand  dollars  a  year.  The  salary  of  the  other  members 
of  the  Council  shall  be  one  thousand  five  hundred  dollars  a  year. 

Council,  hoxv  chosen  ;   Council  Districts. 

Sec.  19.  The  remaining  twenty-eight  members  of  the  Coun- 
cil shall  be  chosen  at  the  same  election  in  the  manner  following: 

The  City  of  New  York,  as  constituted  by  this  Act,  is  hereby 
divided  into  ten  Council  Districts  bounded  and  described  as 
follows,  to  wit : 

9 


First.  All  that  part  of  the  City  of  New  York,  as  hereto- 
fore constituted,  comprising  the  present  First,  Second,  Fourth, 
Sixth,  Eighth,  Tenth,  Twelfth,  Fourteenth  and  Sixteenth 
Assembly  Districts. 

Second.  All  that  part  of  the  City  of  New  York,  as  here- 
tofore constituted,  comprising  the  present  Third,  Fifth,  Seventh, 
Ninth,  Eleventh,  Thirteenth,  Fifteenth,  Seventeenth,  Twenty- 
fifth    and    Twenty-seventh  Assembly  Districts. 

Third.  All  that  part  of  the  City  of  New  York,  as  hereto- 
fore constituted,  comprising  the  present  Eighteenth,  Twentieth, 
Twenty-second,  Twenty-fourth,  Twenty-sixth,  Twenty-eighth, 
Thirtieth,    Thirty-second,  and    Thirty-third  Assembly  Districts. 

Fourth.  All  that  part  of  the  City  of  New  York,  as  here- 
tofore constituted,  comprising  the  present  Nineteenth,  Twenty- 
first,  Twenty-third,  Twenty-ninth  and  Thirty-first  Assembly 
Districts,  and  that  part  of  the  Thirty-fourth  Assembly  District 
lying    south    of    the    Harlem  River. 

Fifth.  All  that  part  of  the  City  of  New  York,  as  heretofore 
constituted,  comprising  that  part  of  the  present  Thirty-fourth 
Assembly  District  lying  north  and  east  of  the  Harlem  River  and 
the  whole  of  the  Thirty-fifth  Assembly  District,  together  with 
the  district  known  as  the  Annexed  District  of  said  City,  being 
all  that  part  of  the  City  of  New  York  lying  north  and  east  of 
the  Harlem  River. 

Sixth.  All  that  part  of  the  former  City  of  Brooklyn,  com- 
prising the  present  Thirteenth,  Fourteenth,  Fifteenth,  Sixteenth, 
Seventeenth,  Eighteenth,  Nineteenth,  Twenty-first,  Twenty- 
twenty-fifth,  Twenty-seventh  and  Twenty-eighth  Wards  of  said 
City. 

Seventh.  All  that  part  of  the  former  City  of  Brooklyn,  com- 
prising the  present  Seventh,  Ninth,  Twentieth,  Twenty- 
second,  Twenty-third,  Twenty-fourth,  Twenty-sixth,  Twenty- 
ninth  and  Thirty-second  Wards  of  said  City. 

Eighth.  All  that  part  of  the  former  City  of  Brooklyn,  com- 
prising the  present  First,  Second,  Third,  Fourth,  Fifth,  Sixth, 

10 


Eighth,    Tenth,    Eleventh,    Twelfth,  Thirtieth  and  Thirty-first 
Wards  of  said  City. 

Ninth.  That  part  of  Queens  County  included  in  The  City 
of  New  York,  as  constituted  by  this  Act. 

Tenth.     The  County  of  Richmond. 

From  each  of  the  first  eight  of  the  said  Council  Districts 
there  shall  be  elected  three  members  of  the  Council. 

From  that  part  of  the  County  of  Queens  included  within  The 
City  of  New  York,  as  constituted  by  this  Act,  comprising  the 
Ninth  of  said  Council  Districts,  there  shall  be  elected  two 
members  of  the  Council :  one  of  said  members  shall  be  elected 
from  those  parts  of  said  County  heretofore  known  as  Long  Island 
City  and  the  town  of  Newtown ;  and  the  other  of  said  members 
shall  r-o  elected  from  those  parts  of  said  County  heretofore  known 
as  the  towns  of  Jamaica  and  Flushing  and  that  part  of  the  town 
of  Hempstead  included  within  The  City  of  New  York,  as  hereby 
constituted. 

From  the  County  of  Richmond,  comprising  the  Tenth  of  the 
said  Council  Districts,  there  shall  be  elected  two  members  of 
the  Council. 

Term,  of  office  of  members  of  the  Council. 

Sec.  20.  The  term  of  office  of  each  member  of  the  Council 
shall  commence  on  the  first  Monday  of  January,  after  his  elec- 
tion, and  shall  continue  for  four  years  thereafter,  and  until  his 
successor  shall  be  elected  and  has  qualified.  The  President  and 
members  of  the  Council  shall  be  elected  at  the  general  election 
in  the  year  1897,  and  every  four  years  thereafter. 

Mayor ^  an  ex-officio  raeniber  of  the  Council. 

Sec.  21.  Every  ex-Mayor  of  The  City  of  New  York,  as  con- 
stituted by  this  Act,  shall,  so  long  as  he  remains  a  resident  of  said 
city,  be  entitled  to  a  seat  in  the  Council  and  to  participate  in 
its  discussions,  but  he  shall  not  be  entitled  to  a  vote. 

11 


Time  of  meeting  of  Council. 

Sec.  22.  The  first  meeting  of  said  Council  in  each  year  shall 
be  held  on  the  first  Monday  of  January,  at  noon. 

When  President  of  Council  to  act  as  Mayor ;  powers  ;  temporary 
Chairman  of  Council. 

Sec.  23.  Whenever  there  shall  be  a  vacancy  in  the  office  of 
Mayor,  or  whenever  by  reason  of  sickness  or  absence  from  the  city 
the  Mayor  shall  be  prevented  from  attending  to  the  duties  of  his 
office,  the  President  of  the  Council  shall  act  as  Mayor,  and  pos- 
sess all  the  rights  and  powers  of  Mayor  during  such  disability  or 
absence.  In  case  of  a  vacancy  he  shall  so  act  until  noon  of  the  first 
Monday  of  January  succeeding  the  election  at  which  the  Mayor's 
successor  shall  be  chosen ;  and  at  the  next  general  election, 
at  which  Municipal  officers  shall  be  elected,  which  shall  take 
place  more  than  thirty  days  after  the  occurrence  of  a  vacancy 
in  the  office  of  Mayor,  a  successor  shall  be  chosen,  who  shall 
hold  for  the  unexpired  term.  It  shall  not  be  lawful  for  the 
President  of  the  Council,  when  acting  as  Mayor  in  conse- 
quence of  the  sickness  or  absence  from  the  city  of  the 
Mayor,  to  exercise  any  power  of  appointment  to  or  removal 
from  office,  unless  such  sickness  or  absence  of  the  Mayor  shall 
have  continued  ten  days ;  or  to  sign,  approve  or  disapprove  any 
ordinance  or  resolution,  unless  such  sickness  or  absence  shall 
have  continued  at  least  nine  days.  The  Council  shall  elect  a 
vice-chairman  to  preside  over  the  meetings,  who  shall  possess  the 
powers  and  perform  the  duties  of  the  President  of  the  Council, 
when  said  President  is  sick,  absent  or  under  suspension,  or  while 
the  President  of  the  Council  is  acting  as  Mayor,  or  when  a  va- 
cancy occurs  in  said  office,  and  who  shall,  during  such  time, 
be  a  member  of  every  board  of  which  the  President  of  said 
Council  is  a  member  by  virtue  of  his  office. 

Board  of  Aldermen,  how   constituted;  tertn    of  office;    vacancies, 
how  filled;  salary. 

Sec.  24.  The  Board  of  Aldermen  shall  be  elected  at  the 
general  election  in  the  year  1897,  and  every  two  years 
thereafter,   and     shall   consist     of    one     member    elected    from 

12 


each  of  the  Assembly  districts  within  the  territory  of  The 
City  of  New  York,  as  constituted  by  this  Act,  or  as  such 
Assembly  districts  may  hereafter  be  changed  by  law;  pro- 
vided, however,  that  in  the  County  of  Queens,  until  otherwise 
provided  by  law,  one  member  of  said  Board  of  Aldermen  shall 
be  elected  from  those  parts  of  said  County  heretofore  known  as 
Long  Island  City  and  the  town  of  Newtown ;  and  one  member 
shall  be  elected  from  those  parts  of  said  County  heretofore  known 
as  the  towns  of  Jamaica  and  Flushing  and  that  part  of  the  town 
of  Hempstead  included  within  The  City  of  New  York,  as  hereby 
constituted ;  and  provided,  further,  that  one  member  of  the 
Board  of  Aldermen  shall  be  elected  from  those  parts  of  the  first 
and  second  Assembly  Districts  of  Westchester  County,  in- 
cluded in  the  Borough  of  The  Bronx.  The  term  of  office  of  each 
Alderman  shall  commence  on  the  first  Monday  of  January, 
after  his  election,  and  shall  continue  for  two  years  thereafter  and 
until  his  successor  shall  be  elected  and  has  qualified.  Any  va- 
cancy which  may  occur  in  the  Council  or  the  Board  of  Aldermen 
shall  be  filled  by  election,  by  either  of  said  bodies  respectively,  by 
a  majority  of  all  the  members  elected  thereto ;  and  the  person  so 
elected  to  fill  any  such  vacancy  shall  serve  for  the  unexpired 
portion  of  the  term.  The  salary  of  members  of  the  Board  of 
Aldermen  shall  be  one  thousand  dollars  a  year. 

Board  of  A  Idermen  ;    quorum . 

Sec.  25.  A  majority  of  all  the  members  elected  to  the  Board 
of  Aldermen  shall  constitute  a  quorum.  Each  head  of  an 
administrative  department  of  the  city  shall  be  entitled  to  a 
seat  in  said  Board,  and  shall  whenever  practicable  attend  the 
meetings  of  the  Board,  and  shall  have  the  right  to  participate 
in  its  discussions,  but  shall  not  have  the  right  to  vote.  If  an 
administrative  department  is  composed  of  more  than  one 
member,  the  president  or  presiding  officer  of  such  department 
shall  be  entitled  to  such  seat. 

Id.;  hotv  president  elected  and  removed. 

Sec.  26.  The  Board  of  Aldermen  shall,  at  its  first  meet- 
ing,  which  shall  b^   at  noon  on  the  first    Monday  of  Januarv 

13 


after  each  Aldermanic  election,  by  the  affirmative  vote  of 
a  majority  of  those  present  and  constituting  a  quorum, 
choose  a  President  from  its  own  members,  by  a  call  of  the  names 
of  the  members  of  the  Board,  upon  which  call  each  member 
shall  announce  his  choice,  and  when  once  chosen,  such  Presi- 
dent can  be  removed  before  the  expiration  of  his  term  as  Alder- 
man, when  his  term  as  President  shall  expire,  only  by  a  vote 
taken  by  a  call  of  ayes  and  noes,  of  four-fifths  of  all  the  mem- 
bers elected  to  the  Board. 

Council    and   Board   of  Aldermen;     Sergeant-at-Arms ;    rules; 
journal ;  sittifigs ;  expulsion  of  members. 

Sec.  27.  The  Council  and  the  Board  of  Aldermen  may 
each  elect  a  Sergeant-at-Arms  and  such  assistants  as  are 
needful  to  the  orderly  conduct  of  their  meetings,  provided, 
however,  that  no  expenditures  for  salaries  of  such  Sergeant-at- 
Arms  and  such  assistants  shall  exceed  the  amount  appro- 
priated therefor  in  the  annual  budget.  Each  of  said  bodies  shall 
determine  the  rules  of  its  own  proceedings;  shall  each  be 
the  judge  of  the  election  returns  and  qualifications  of  its  own 
members,  subject,  however,  to  review  by  certiorari  of  any 
court  of  competent  jurisdiction;  shall  each  keep  a  journal  of  its 
proceedings ;  shall  each  sit  with  open  doors ;  shall  each  have 
authority  to  compel  the  attendance  of  absent  members, 
and  to  punish  its  members  for  disorderly  behaviour;  and  to 
expel  any  member  with  the  concurrence  of  two-thirds  of  all  the 
members  elected  to  such  body.  Every  member  so  expelled  shall 
thereby  forfeit  all  his  rights  and  powers,  subject,  however,  to 
judicial  review  on  certiorari. 

City  clerk ;    appoiyitment ,  term,  duties ;  papers  certified  by  him  to 
be  evidence. 

Sec.  28.  The  Council  shall,  at  the  first  meeting,  appoint  a 
Clerk,  who  shall  perform  such  duties  as  may  be  prescribed  for 
him.  The  clerk  so  appointed  shall  also  be  the  City  Clerk,  and 
hold  his  office  for  six  years,  and  until  his  successor  shall  be 
appointed  and  have  qualified,  unless  removed  for   cause.     The 

14 


City  Clerk  shall  have  charge  of  all  the  papers  and  documents 
of  the  city,  except  such  as  are  by  law  committed  to  the  keeping 
of  the  several  departments  or  of  other  ofificers,  and  shall  keep 
the  record  of  the  proceedings  of  the  Municipal  Assembly.  He 
shall  engross  all  the  ordinances  of  the  Municipal  Assembly  in  a 
book  to  be  provided  for  that  purpose,  with  proper  indices, 
which  book  shall  be  deemed  a  public  record  of  such  ordinances, 
and  each  ordinance  shall  be  attested  by  said  Clerk.  Copies  of 
all  papers  duly  filed  in  his  ofifice,  and  transcripts  thereof,  and  of 
the  records  of  proceedings  of  the  Municipal  Assembly,  and 
copies  of  the  laws  and  ordinances  of  said  city,  certified  by  him 
under  the  corporate  seal,  shall  be  evidence  in  all  courts  and 
places  of  the  matters  therein  contained.  Said  clerk  shall  appoint 
a  Clerk  for  the  Board  of  Aldermen,  who,  apart  from  his  service 
during  the  meetings  pf  said  Board  of  Aldermen,  shall  be  in  all 
things  subject  to  his  direction  and  control.  Said  clerk  may  be 
removed  on  charges  by  a  two-thirds  vote  of  all  the  members  of 
the  Council,  subject,  however,  to  judicial  review  on   certiorari. 

City  Clerk  ;  proceedings  of  Municipal  Assembly. 

Sec.  29.  Immediately  after  the  adjournment  of  each  meet- 
ing of  the  Municipal  Assembly,  it  shall  be  the  duty  of  the 
clerk  to  prepare  a  brief  abstract,  omitting  all  technical  and 
formal  details,  of  all  resolutions  and  ordinances  introduced  or 
passed,  and  of  all  recommendations  of  committees,  and  of  all 
final  proceedings,  as  well  as  full  copies  of  all  messages  from  the 
Mayor  and  all  reports  of  departments  or  ofificers.  He  shall  at 
once  transmit  the  same  to  the  person  appointed  to  supervise  the 
publication  of  the  City  Record  to  be  published  therein. 

Certain  ordinances  and  resolutions,   how  passed  and  approved ;  ayes 
and  noes  published. 

Sec.  30.  No  ordinance  or  resolution  providing  for  or  con- 
templating the  alienation  or  disposition  of  any  property  of 
the  City,  the  granting  of  a  franchise,  terminating  the  lease  of  any 
property  or  franchise  belonging  to  the  City,  or  the  making  of 
any  specific   improvement,  or  the  appropriati^^^Qr;-?e^^nditure 

15 


of  public  moneys,  or  authorizing  the  incurring  of  any  expense, 
or  the  taxing  or  assessing  of  property  in  the  City,  shall  pass  the 
Council  or  Board  of  Aldermen  at  the  same  session  at  which  it  is 
first  offered,  unless  by  unanimous  consent ;  and  the  same  shall 
not  be  finally  passed  or  adopted  by  the  Municipal  Assembly 
until  at  least  five  days  after  such  abstract  of  its  provisions 
shall  have  been  published,  as  provided  in  section  29.  No 
such  ordinance  or  -resolution  shall  be  approved  by  the 
Mayor  until  three  days  after  such  abstract  shall  have  been 
so  published  after  its  passage ;  but  if  an  abstract  of  any 
resolution  or  ordinance  shall  have  been  once  published  after 
its  introduction,  it  shall  not  thereafter  be  necessary  to  publish 
the  same  again,  but  only  to  refer  to  the  date  and  page  of  the 
former  in  the  City  Record,  and  to  state  the  amendments,  if  any, 
made  thereto.  In  all  cases  the  ayes  and  noes  upon  the  final  pas- 
sage of  such  resolution  or  ordinance  shall  be  taken,  recorded 
and  published. 

Records  open  for  inspection  ;  other  duties  of  clerk  ;  sickness. 

Sec.  31.  It  shall  be  the  duty  of  the  City  Clerk  to  keep 
open  for  inspection  at  all  reasonable  times,  the  records  and 
minutes  of  the  proceedings  of  the  Municipal  Assembly.  He  shall 
keep  the  seal  of  the  city,  and  his  signature  shall  be  necessary  to 
all  leases  by  the  city  of  its  property,  and  to  all  grants  and  other 
documents,  as  under  existing  laws.  In  the  absence  of  said 
Clerk  by  sickness  or  otherwise,  his  first  Deputy  shall  be  vested 
with  and  possessed  of  all  the  rights  and  powers,  and  be  charged 
with  all  the  duties  by  this  section  or  by  law  or  ordinance  im- 
posed upon  said  Clerk. 

Id.;  records  and  papers  delivered  to  and  kept  by  the  clerk;  clerks 
in  Boroughs. 

Sec.  32.  All  the  muniments,  records,  patents,  deeds, 
minutes,  writings  and  papers  belonging  to  the  Mayor,  Alder- 
men and  Commonalty  of  the  City  of  New  York,  now  in  the 
custody  of  the  Clerk  of  the  Board  of  Aldermen  thereof,  shall  be 
delivered  to  and  be  kept  by  the  City  Clerk.  The  City  Clerk 
shall  be  the  :rustodian  of  all  like  muniments,  records,  patents, 

16 


deeds,  minutes,  writings,  and  other  papers  belonging  to  any  of  the 
municipal  and  public  corporations  by  this  Act  united  and  con- 
solidated into  The  City  of  New  York,  and  shall  have  power  to 
appoint  a  clerk  in  each  of  the  Boroughs  constituted  by  this 
Act,  who  shall  have  charge  of  the  same,  subject  to  the 
direction  and  control  of  said  City  Clerk,  and  of  the  Municipal 
Assembly. 

Id.;  salary  and  deputies. 

Sec.  33.  The  salary  of  the  City  Clerk  shall  be  seven  thou- 
sand dollars  a  year,  and  he  may  appoint  such  Deputies  or 
clerks  as  are  necessary  to  the  discharge  of  his  duties,  provided 
that  the  aggregate  salaries  of  such  deputies  and  clerks,  including 
the  salary  of  the  City  Clerk,  shall  not  exceed  in  any  one  year 
he  sum  appropriated  therefor  in  the  annual  budget. 

Licenses  to  auctioneers. 

Sec.  34.  The  City  Clerk  shall  have  authority  to  grant 
licenses  to  any  person  engaged  in  and  carrying  on  the  business 
and  occupation  of  auctioneer,  or  desiring  to  be  so  engaged,  on 
such  person  filing  a-  bond,  approved  by  him,  with  two  good 
sureties  in  the  penal  sum  of  two  thousand  dollars.  The  Presi- 
dent of  the  Council,  on  complaint  of  any  person  having  been 
defrauded  by  any  auctioneer,  or  by  the  clerk,  agent  or  assignee 
of  such  auctioneer,  doing  business  in  said  city,  is  authorized  and 
directed  to  take  testimony  under  oath  relating  thereto ;  and  if 
the  charge  shall,  in  his  opinion,  be  sustained,  he  shall  revoke 
the  license  granted  to  him  and  direct  the  bonds  to  be  forfeited. 

Municipal  Assembly  ;  journal ;  ayes  and  noes. 

Sec.  35.  Each  house  shall  keep  a  journal  of  its  proceedings, 
and  the  ayes  and  noes  of  the  members  on  any  question  shall,  at 
the  desire  of  any  two  members,  be  taken  and  entered  therein. 
The  ayes  and  noes  shall  be  called  and  recorded  on  the  final 
passage  of  any  ordinance. 

Id.;  no  member  eligible  to  any  city  office. 

Sec.   36.     No  member  of    the    Municipal    Assembly     shall 
during    the    term    for   which    he   is    elected,    be  eligible  or  be 

17 


appointed  to  any  other  office  under  the  city,,  nor  shall  any 
member  of  said  Assembly,  while  such,  be  a  contractor  with  or 
an  employee  of  the  city,  or  of  either  branch  of  the  said  Assem- 
bly in  any  capacity  whatever. 

Id.;  meetings. 

Sec.  87.  The  stated  and  occasional  meetings  of  the  Munici- 
pal Assembly  and  its  proceedings  and  business  shall  be  regulated 
by  its  own  resolutions  and  rules,  provided,  however,  that  at 
least  one  stated  meeting  shall  be  held  each  month,  except, 
in  the  discretion  of  the  Municipal  Assembly,  in  August  and  Sep- 
tember. The  Mayor  may  at  any  time  call  a  special  meeting  of 
the  Municipal  Assembly.  He  shall  call  such  meeting  when  a 
requisition  for  that  purpose,  signed  by  nine  members  of  the 
Board  of  Aldermen  and  three  members  of  the  Council,  has  been 
presented  to  him.  Three  days  before  any  special  meeting  of 
the  Municipal  Assembly  is  held,  notice  of  the  time  of  the 
intended  meeting  and  of  the  business  proposed  to  be  transacted, 
signed  by  the  Mayor,  shall  be  published  in  the  City  Record, 
and  the  City  Clerk  shall  cause  a  copy  of  such  notice  to  be  left 
or  sent  by  post  at  the  usual  place  of  abode  or  of  business  of 
each  member  of  the  Municipal  Assembly ;  but  want  of  service 
of  a  notice  upon  any  member  shall  not  affect  the  validity  of  a 
meeting.  No  business  shall  be  transacted  at  a  special  meeting 
other  than  that  specified  in  the  notice  relating  thereto. 

Id.;  style  of  ordinances. 

Sec.  38.     The  style  of  ordinances  shall  be:    ^'■Be  it  ordained 
by  the  Municipal  Assembly  of  the  City  of  New  York,  as  follows  ".• 

Id.;  vote  required  to  pass  ordinances  and  resolutions. 

Sec.  39.  Every  legislative  act  of  the  Municipal  Assembly 
shall  be  by  ordinance  or  resolution.  No  ordinance  or  resolution 
shall  be  passed  except  by  a  vote  of  a  majority  of  all  the  mem- 
bers elected  to  each  house.  In  case  any  ordinance  or  resolution 
involves  the  expenditure  of  money,  the  creation  of  a  debt, 
or  the  grant  of  a  franchise,  the  votes  of  three-fourths  of  all  the 

18 


members  elected  to  each  house  shall  be  necessary  to  its  passage. 
No  money  shall  be  expended  for  any  celebration,  procession, 
funeral  ceremony,  reception,  or  entertainment  of  any  kind  or 
on  any  occasion,  unless  by  the  votes  of  four-fifths  of  all  the 
members  elected  to  each  house. 

No  additional  allowance  beyond  the  legal  claim  which  shall 
exist  under  any  contract  with  the  corporation,  or  with  any 
department  or  officer  thereof,  or  for  any  services  on  its  account 
or  in  its  employment,  shall  ever  be  passed  by  the  Municipal 
Assembly,  except  by  the  unanimous  vote  of  both  houses 
thereof;  and  in  all  cases  the  provisions  of  any  such  contract 
shall  determine  the  amount  of  any  claim  thereunder  or  in  con- 
nection therewith,  against  the  said  corporation,  or  the  value  of 
any  such  services. 

Mayor  s  veto. 

Sec.  40.  Every  ordinance  or  resolution  shall,  before  it 
takes  effect,  be  presented,  duly  certified,  to  the  Mayor  for 
his  approval.  The  Mayor  shall  return  such  ordinance  or  resolu- 
tion to  the  house  in  which  it  originated,  within  ten  days  after 
receiving  it,  or  at  the  next  meeting  of  the  house  after  the  expira- 
tion of  said  ten  days,  unless  such  ordinance  or  resolution  be  one 
of  those  mentioned  in  section  30  of  this  Act,  in  which  case  the 
Mayor  shall  return  said  ordinance  or  resolution  to  the  house  in 
which  it  originated  within  ten  days  after  the  abstract  of  its 
provisions  or  a  reference  thereto  shall  have  been  published  in 
the  City  Record  as  provided  in  said  section  30,  or  at  the  next 
meeting  of  the  house  after  the  expiration  of  said  ten  days.  If 
he  approve  it,  he  shall  sign  it.  If  he  disapprove  it,  he  shall 
specify  his  objections  thereto  in  writing.  If  he  do  not  return 
it  with  such  disapproval  within  the  time  above  specified,  it 
shall  take  effect  as  if  he  had  approved  it.  In  case  of  disap- 
proval, the  objections  of  the  Mayor  shall  be  entered  at  large  on 
the  journal  of  the  house,  and  the  house  shall,  after  ten  days,  and 
within  fifteen  days  after  such  ordinance  or  resolution  shall  have 
been  returned  to  it,  proceed  to  reconsider  and  vote  upon  the  same. 
If  the  same  shall,  on  reconsideration,  be  again  passed  by  the 
votes  of  at  least  two-thirds  of  all  the  members  elected  to  each 

19 


house,  it  shall  take  effect ;  provided  that  in  case  the  ordinance 
or  resolution  involves  the  expenditure  of  money,  the  creation 
of  a  debt,  the  laying  of  an  assessment,  or  the  grant  of  a 
franchise  it  shall  require  a  vote  of  five-sixths  of  all  the  members 
of  each  house  to  pass  it  over  the  Mayor's  veto.  If  the  ordi- 
nance or  resolution  shall  fail  to  receive  upon  the  first  vote  upon 
such  reconsideration  such  number  of  afhrmative  votes  in  either 
house,  it  shall  be  deemed  finally  lost.  In  all  cases  the  vote  shall 
be  taken  by  ayes  and  noes,  and  the  names  of  the  persons  voting 
for  or  against  its  passage  on  such  reconsideration  shall  be  entered 
in  the  journal  of  the  house.  In  case  an  ordinance  or  resolution 
shall  embrace  more  than  one  distinct  subject,  the  Mayor  may 
approve  the  provisions  relating  to  one  or  more  subjects,  and 
disapprove  the  others.  In  such  case  those  he  shall  approve 
shall  become  effective,  and  those  which  he  shall  not  approve 
shall  be  reconsidered  by  the  house,  and  shall  only  become 
effective  if  again  passed,  as  above  provided. 

Ordinances  to  remain  in  force. 

Sec.  41.  The  ordinances  now  in  force  respectively  in  the 
City  of  New  York,  the  City  of  Brooklyn,  Long  Island  City,  and 
the  other  municipal  and  public  corporations  and  parts  thereof 
hereby  consolidated  with  the  City  of  New  York,  are,  so  far  as 
the  same  are  not  inconsistent  with  this  Act,  hereby  continued  in 
full  force  and  effect  within  the  former  limits  of  said  respective 
cities  and  municipal  and  public  corporations,  or  parts  thereof, 
subject  to  modification,  amendment  or  repeal  by  the  Muni- 
cipal Assembly  of  The  City  of  New  York.  Such  ordinances 
may  be  enforced  by  and  in  the  name  of  "  The  City  of  New 
York." 

Power  to  acquire  additional  water  works. 

Sec.  42.  The  Municipal  Assembly  is  authorized,  m  accord- 
ance with  the  provisions  of  this  Act,  to  construct,  establish 
and  maintain,  or  to  acquire  by  purchase  or  condemnation  and 
maintain  in  all  parts  of  the  city,  additional  water  works  to  sup- 
ply the  city  or  any  part  thereof  and  its  inhabitants  with  water, 
and  to  provide  for  the  distribution  and  sale  to  the  inhabitants  of 

20 


the  city  of  such  water,  and  fix  the  terms  thereof,  and  acquire 
and  hold  property,  real  and  personal,  within  and  beyond  the 
limits  of  the  city  for  said  purposes.  The  Municipal  Assembly 
may  pass  appropriate  ordinances,  not  inconsistent  with  law,  with 
this  Act  or  with  any  vested  rights  of  existing  companies  or  cor- 
porations, to  enforce  the  provisions  of  this  section  and  to  carry 
out  its  purposes. 

Id.:  to  restrict  height  of  buildings. 

Sec.  43.  The  Municipal  Assembly  is  authorized  by  or- 
dinance to  regulate  and  restrict  the  height  of  buildings  to  be 
hereafter  erected  in  the  city.  When  any  ordinance  on  that 
subject  is  introduced,  the  Municipal  Assembly  shall  provide 
for  public  hearings  in  reference  thereto,  before  it  or  before 
appropriate  committees;  and  no  ordinance  restricting  the 
height  of  buildings  shall  be  passed  unless  it  is  approved  before- 
hand by  the  Board  of  Public  Improvements  by  a  resolution  or 
vote  of  a  majority  of  all  of  the  members  of  such  Board  entered 
on  its  minutes  or  record,  and  unless  it  shall  be  passed  by  a 
majority  of  all  the  members  elected  to  each  house  of  the  Muni- 
cipal Assembly,  the  vote  being  taken  by  ayes  and  noes. 

Power  to  appoint  special  committees. 

Sec.  44.  The  Municipal  Assembly  shall  have  power  and  it 
shall  be  its  duty  to  see  to  the  faithful  execution  of  the  laws  and 
ordinances  of  the  city;  and  the  Municipal  Assembly  may,  by 
joint  resolution,  appoint  from  time  to  time  a  special  committee 
to  inquire  whether  the  laws  and  ordinances  of  the  city  relat- 
ing to  any  subject  or  to  any  department  of  the  city  govern- 
ment are  being  faithfully  observed,  and  the  duties  of  the 
officers  of  such  department  or  of  any  officer  of  the  city  are  be- 
ing faithfully  discharged,  also  to  examine  and  report  whether 
there  are  any  unnecessary,  inefficient  or  unfit  employees,  any 
excessive  salaries  or  compensations  paid,  and  generally  in  re- 
spect of  any  and  all  matters  which  will  conduce  to  the  orderly 
and  economical  administration  of  the  affairs  of  the  city  govern- 
ment or  any  department  thereof.  Such  committee  shall  have 
access  to  the  books  and  records  of  the  city  or  of  any  depart- 
ment or  officer  thereof. 

21 


Franchises  for  street  railways  ;  ferries. 

Sec.  45.  The  Municipal  Assembly  is  authorized  to  grant 
from  time  to  time  to  any  corporation  thereunto  duly  authorized, 
the  franchise  or  right  to  construct  and  operate  railways  in,  upon, 
over,  under,  and  along  streets,  avenues,  parkways  or  highways  of 
the  city,  but  no  such  grant  shall  be  made  except  upon  the  limita- 
tions and  conditions  of  this  Act  elsewhere  provided  in  respect 
of  the  grant  by  the  Municipal  Assembly  of  franchises  and 
rights  in  the  streets,  avenues,  parkways  and  highways  of  Sth 
city.  And  further,  to  the  end  that  cheap,  easy  and  convenient 
intercourse  may  be  had  between  all  parts  of  the  city,  the 
City  of  New  York,  as  hereby  constituted,  shall  have  full  and  ex- 
clusive power  to  establish,  and  full  power  to  enjoy  by  leasing 
the  same  or  otherwise,  and  to  maintain  and  regulate  ferries 
over  all  streams  and  waterways  within  or  adjoining  the  limits  of 
the  said  city.  The  Municipal  Assembly  may  pass  appropriate 
ordinances  not  inconsistent  with  law  or  with  this  Act,  or  with 
the  vested  rights  of  existing  companies  or  corporations,  to 
enforce  the  provisions  of  this  section  and  to  carry  out  its 
purposes.  Nothing  in  this  Act  contained  is  intended  to  repeal 
or  affect  the  provisions  of  the  Rapid  Transit  Acts  applicable  to 
the  corporation  heretofore  known  as  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York,  or  any  municipality 
herein  united  therewith  or  territory  embraced  therein,  or  to 
repeal  or  affect  the  existing  general  laws  of  the  State  in 
respect  to  street  surface  railroads. 

Municipal  Assembly  ;  powers  and  duties  of  former  boards. 

Sec.  46.  Except  as  otherwise  provided  in  this  Act,  all  the 
powers  and  duties  conferred  or  charged  upon  the  Common 
Council  of  the  Mayor,  Aldermen  and  Commonalty  of  the  City 
of  New  York,  or  the  Board  of  Aldermen  thereof,  or  upon  the 
Common  Council  of  the  City  of  Brooklyn  or  of  Long  Island 
City,  or  upon  any  Board,  body  or  officer  of  any  of  the  muni- 
cipal and  public  corporations  or  parts  thereof,  hereby  consoli- 
dated with  the  City  of  New  York,  as  heretofore  known  and  bound- 
ed, shall  be  exercised  and  performed  by  the  Municipal  Assembly 

22 


of  Th«  City  of  New  York,  as  hereby  constituted,  subject,  never- 
theless, to  the  power  of  approval  or  disapproval  by  the  Mayor 
of  said  city  as  provided  in  this  Act. 

Id. :  police,  health,  park,  fire  and  building  regulations. 

Sec.  47.  The  Municipal  Assembly  shall  have  power  to 
make,  establish,  alter,  modify,  amend  and  repeal  all  ordinances, 
rules,  police,  health,  park,  fire  and  building  regulations, 
not  contrary  to  the  laws  of  the  State,  or  the  United  States,  as 
they  may  deem  necessary  to  carry  into  effect  the  powers  con- 
ferred upon  The  City  of  New  York  by  this  Act,  or  by  any  other 
law  of  the  State,  or  by  grant ;  and  such  as  it  may  deem  neces- 
sary and  proper  for  the  good  government,  order  and  protection 
of  persons  and  property,  and  for  the  preservation  of  the  public 
health,  peace  and  prosperity  of  said  City,  and  its  inhabitants, 
except  so  far  as  the  legislative  power  respectingthe  Health,  Police, 
Park,  Fire  and  Building  Departments  shall  be  conferred  upon 
said  Departments  respectively  by  the  provisions  of  this  Act,  and 
except  that  any  modification  of  the  existing  rules,  regulations 
and  ordinances  affecting  any  of  the  departments  and  all 
ordinances  to  be  passed  to  govern  the  Board  of  Public 
Improvements  or  any  of  the  Departments  thereof,  must  origin- 
ate with  the  Department  concerned,  or  with  said  Board,  and 
must  be  adopted  or  rejected  by  the  Municipal  Assembly  with- 
out amendment. 

Id.;  further  powers  ;  bonds  for  specified  public  improvements. 

Sec.  48.  The  Municipal  Assembly  shall  have  power  to 
provide  by  ordinance  for  the  acquisition,  construction,  or  estab- 
lishment of  markets ;  for  the  acquisition  and  construction  of  parks, 
parkways,  boulevards  and  driveways ;  for  the  building  of  bridges, 
and  the  establishment  of  ferries  over,  and  of  tunnels  under 
any  stream  or  waterway  within  or  adjoining  the  limits  of 
the  city;  for  the  building  of  docks,  wharves,  or  piers,  and 
for  acquiring  land  by  purchase  or  condemnation  for  said  purpo- 
ses ;  for  acquiring,  or  constructing  public  buildings,  including 
school  houses  and  sites  therefor  for  the  use  of  the  city ;     for  the 

23 


repaying  of  streets ;  and  for  any  of  the  foregoing  purposes,  may 
create  loans  and  authorize  the  issue  of  bonds,  or  other  evidences 
of  indebtedness,  to  pay  for  the  same,  payable  at  such  times,  and 
in  such  manner,  and  at  such  rates  of  interest  as  it  may  by 
ordinance  prescribe ;  but  no  bonds  or  other  evidences  of 
indebtedness  shall  be  issued  under  the  authority  of  this  sec- 
tion, unless  the  proposition  for  creating  such  debt,  shall  first 
be  approved  by  a  resolution  or  vote  of  a  majority  of  all  of 
the  members  of  the  Board  of  Estimate  and  Apportionment, 
entered  on  the  minutes  or  record  of  such  Board ;  and  provided 
further,  that  in  the  case  of  the  issue  of  bonds  or  other  evidences 
of  indebtedness  for  the  repaving  of  streets,  the  vote  of  the 
Board  of  Estimate  and  Apportionment  must  be  unanimous. 

Id.;  make  ordinances  and  regulations  for  certain  purposes. 

Sec.  49.  Subject  to  the  provisions  of  this  Act,  the  Mu- 
nicipal Assembly  shall  have  power  within  said  City  to  make, 
establish,  publish  and  modify,  amend  or  repeal  ordinances,  rules, 
regulations  and  by-laws  not  inconsistent  with  this  Act,  or  with 
the  Constitution  or  the  laws  of  the  United  States,  or  of  this 
State,  for  the  following  purposes : 

1.  In  relation  to  the  inspection  and  sealing  of  weights 
and  measures,  and  the  keeping  in  use  of  proper  weights 
and  measures  by  vendors ;  and  may  by  ordinance  regulate 
the  duties  and  fees  or  salary  of  the  inspectors  of  weights 
and  measures  and  of  the  sealers  of  weights  and  measures, 
and  may  impose  such  penalties  for  using  weights  and 
measures  and  scale-beams  which  shall  not  have  been 
inspected  and  sealed  in  conformity  to  the  ordinances, 
and  to  provide  for  the  appointment  of  such  inspectors 
and  sealers  by  the  Mayor  as  to  them  shall  seem  proper. 
They  may  assign  a  particular  district  of  the  said  City  for 
each  of  said  inspectors  and  likewise  for  each  of  the  sealers 
of  weights  and  measures,  and  may  confine  them  in  the 
performance  of  their  duties  to  such  districts  respectively. 

2.  In  relation  to  the  inspection,  weighing  and  meas- 
uring of  fire-wood,  coal,  hay  and  straw  and  the  cartage 
of  the  same. 

24 


3.  To  regulate  the  use  of  streets,  highways,  roads» 
public  places  and  sidewalks  by  foot  passengers,  animals, 
vehicles,  cars,  motors  and  locomotives,  and  to  prevent  en- 
croachments upon  and  obstructions  to  the  same,  and  to 
authorize  and  require  their  removal  by  the  proper  depart- 
ment ;  but  they  shall  have  no  power  to  authorize  the  plac- 
ing or  continuing  of  any  encroachment  or  obstruction 
upon  any  street  or  sidewalk,  except  the  temporary  occu- 
pation thereof,  during  the  erection  or  repairing  of  a  build- 
ing on  a  lot  opposite  the  same,  nor  shall  they  permit  the 
erection  of  booths  and  stands  within  stoop  lines,  except 
for  the  sale  of  newspapers,  periodicals,  fruits  and  soda 
water,  and  with  the  consent  in  such  cases  of  the  owner  of 
the  premises. 

4.  To  regulate  by  general  ordinance,  the  opening  of 
street  surfaces  for  purposes  authorized  by  law,  subject 
to  such  restrictions  as  have  already  been  prescribed  by 
statute. 

5.  To  regulate  the  numbering  of  the  houses  and  lots 
in  the  streets  and  avenues  and  the  naming  of  the  streets, 
avenues  and  public  places;  but  it  shall  not  be  lawful  to 
number  or  re-number  any  houses  or  to  change  the  name 
of  any  street,  avenue  or  public  place,  save  between  the 
first  day  of  December  of  any  year  and  the  first  day  of 
May  next  ensuing. 

6.  To  regulate  and  prevent  the  throwing  or  depos- 
iting of  ashes,  offal,  dirt  or  garbage  in  the  streets  and 
subject  to  the  other  provisions  of  this  Act  to  regulate 
the  cleaning  of  the  streets,  avenues,  sidewalks  and  gut- 
ters and  removing  of  ice  and  snow  from  them. 

7.  To  regulate  the  use  of  the  streets  and  sidewalks, 
for  signs,  sign-posts,  awnings,  awning  posts,  horse 
troughs,  urinals,  telegraph  posts  and  other  purposes. 

8.  To  provide  for  and  regulate  street  pavements, 
cross-walks,  curb-stones,  gutter  stones,  sidewalks  and  to 
provide  for  regulating,  grading,  flagging,  curbing,  gutter- 

25 


ing,  and  subject  to  the  provisions  of  this  Act,   lighting 
streets,  roads,  places  and  avenues. 

9.  To  regulate  public  cries,  advertising  noises,  steam 
whistles  and  ringing  bells  in  the  streets. 

10.  In  relation  to  street  vagrants,  beggars  and  men- 
dicants. 

11.  In  relation  to  the  use  of  guns,  pistols,  fire-arms, 
fire-crackers,  fire-works  and  detonating  works  of  all  de- 
scription within  the  City. 

12.  In  relation  to  intoxication,  fighting  and  quarrel- 
ing in  the  streets. 

13.  In  relation  to  places  of  public  amusement. 

14.  In  relation  to  exhibiting  banners,  placards,  or 
flags  in  or  across  the  streets,  or  from  houses  or  other 
buildings. 

15.  In  relation  to  the  erection,  maintenance  and  re- 
pair of  public  fountains  for  the  use  of  man  and  animals, 
at  convenient  points  along  the  streets  and  avenues  and 
publiclplaces. 

16. .;".  In  relation  to  the  exhibition  of  advertisements 
or  hand-bills  along  the   streets,  avenues  or  public  places. 

17.  In  relation  to  the  construction,  repair  and  use 
of  vaults,  cisterns,  areas,  hydrants,  sewers  and  pumps. 

18.  In  relation  to  partition  fences  and  walls. 

19.  In  relation  to  the  construction,  repair,  care  and 
use  of  markets. 

20.  In  relation  to  the  licensing  and  business  of  pub- 
lic cartmen,  truckmen,  hackmen,  cabmen,  expressmen, 
cardrivers  and  boatmen,  pawn-brokers,  junk  dealers, 
keepers  of  intelligence  offices,  dealers  in  second-hand 
articles,  hawkers,  peddlers,  vendors  and  the  keeping 
of  dogs,  menageries,  circuses,  common  shows  and  scalp- 
ers  in    coal    freights,    bone  boiling,    fat   rendering    and 

26 


other  noxious  businesses,  and  to  fixing  the  license,  if 
any,  therefor.  All  licenses  created  therefor  shall  be 
according  to  an  established  form,  and  shall  be  regularly 
numbered  and  duly  registered,  as  shall  be  prescribed 
by  the  Municipal  Assembly,  provided  however,  that 
all  laws  heretofore  passed  in  respect  to  the  avo- 
cations above  named  within  the  City,  shall  remain  in 
full  force  and  effect,  to  the  exclusion  of  any  power 
granted  by  this  provision  so  far  as  their  terms  shall  re- 
quire. 

21.  The  Municipal  Assembly  shall  also  fix  the  an- 
nual license  fee,  not  exceeding  the  sum  of  twenty  dollars, 
for  each  street  or  horse  car  daily  operated  or  used  in  that 
portion  of  the  City  heretofore  known  as  the  City  of 
Brooklyn.  Every  railroad  company  operating  or  using 
such  cars,  shall,  on  or  before  the  first  day  of  June  in  each 
year,  certify  to  the  City  Clerk  the  average  number  of  cars 
daily  operated  and  used  by  said  company,  which  certifi- 
cate shall  be  verified  by  the  oath  of  one  of  the  managing 
officers  of  said  company,  and  every  such  railroad  com- 
pany shall,  on  or  before  the  first  day  of  July  in  each  year, 
pay  to  the  Chamberlain  of  The  City  of  New  York, 
the  license  fees  so  established  for  the  average  number  of 
cars  so  operated  and  used  by  said  company.  The  said 
license  fees  shall  be  taken  in  full  satisfaction  for  the  use 
of  the  streets  or  avenues,  but  the  same  shall  not  release 
said  company  from  any  obligations  required  by  law  to 
keep  such  streets  and  avenues  or  any  part  thereof,  in 
repair,  which  said  obligations  and  the  contracts,  laws  or 
ordinances,  creating  and  enforcing  the  same,  are  hereby 
continued  in  full  force  and  operation.  But  nothing  in 
this  subdivision  contained  shall  be  construed  to  release 
any  railroad  company  in  The  City  of  New  York,  as  con- 
stituted by  this  Act,  from  any  duty  or  obligation  existing 
at  the  time  this  Act  takes  effect  by  virtue  of  any  law, 
ordinance  or  contract. 

22.  To  the  more  effectual  suppression  of  vice  or  im 

27 


morality,  and  the  preserving  of  peace  and  good  order  in 
said  City. 

23.  For  the  licensing  and  otherwise  regulating  the 
use  of  dirt  carts. 

24.  For  the  preservation  and  protection  of  all  or  any 
of  the  works  connected  with  the  supplying  of  the  City 
of  New  York  with  pure  and  wholesome  water. 

25.  To  regulate  the  fees  for  searches  and  certificates, 
to  be  charged  by  the  collector  of  assessments  and 
arrears. 

26.  To  make  such  regulations  in  reference  to  the 
running  of  stages,  omnibuses,  trucks  and  cars  as  may  be 
necessary  for  the  convenient  use  and  the  accommodation 
of  the  streets,  piers,  wharves  and  stations,  and  whenever 
in  shipping  or  receiving  goods,  wares  or  other  merchan- 
dise at  any  of  the  shipping  lines,  by  steamboat,  canal- 
boat,  sailing  vessels,  railroad,  or  from  or  to  any  ware- 
house during  the  specified  hours  for  receipt  or  delivery  of 
freight,  a  truckman  is  unreasonably  detained  over  thirty 
minutes  by  reason  of  said  steamboat,  canal-boat,  sailing 
vessel,  railroad  company  or  warehouse  not  employing 
sufificient  help  for  prompt  receipt  or  delivery  of  freight, 
or  by  reason  of  the  failure  to  use  all  of  the  facilities  at 
their  disposal  for  the  prompt  receipt  and  delivery  of 
freight,  to  regulate  the  amount  said  truckman  shall  be 
entitled  to  be  paid,  which  amount  shall  not  be  less  than 
the  sum  of  one  dollar  per  hour  for  every  hour  which  he 
is  so  unreasonably  detained,  which  amount  shall  be  paid 
to  said  truckman  by  the  company,  corporation  or  person 
causing  such  delay. 

27.  To  regulate  the  rates  of  fare  to  be  taken  by 
owners  or  drivers  of  hackney  coaches  or  carriages ;  such 
owners  shall  pay  an  annual  license  fee  to  be  determined 
by  the  Municipal  Assembly. 

28.  The  Municipal  Assembly  may  authorize  the  es- 

28 


tablishment,  operation  or  extension  of  any  right  for  the 
running  of  omnibuses  or  stages,  and  may  terminate  or 
alter  such  authority  comformably  to  the  statutes  appli- 
cable thereto. 

29.  To  regulate  swimming  and  bathing  in  the  waters 
of,  or  bounding  the  City,  and  to  establish  and  maintain 
in  the  City  such  public  baths  and  public  comfort  stations 
as  they  may  deem  necessary,  and  to  establish  suitable 
rules  and  regulations  for  the  management  of  the  same. 

30.  To  prohibit  and  suppress  all  gaming-houses  and 
places  for  gaming  in  the  said  City. 

31.  To  enlarge  or  extend  from  time  to  time  the 
limits  of  the  fire  districts  of  the  City,  and  to  establish 
additional  fire  districts,  and  from  time  to  time  to  extend 
the  same. 

Id.;  foregoing  enumeration  of  powers  not  restrictive :  general  power. 

Sec.  50.  The  foregoing  or  other  enumeration  of  powers  in 
this  Act  shall  not  be  held  to  limit  the  legislative  power  of  the 
Municipal  Assembly  which,  in  addition  thereto,  may  exercise  all 
of  the  powers  vested  in  The  City  of  New  York  by  this  Act,  or 
otherwise,  by  proper  ordinances,  rules,  regulations  and  by-laws 
not  inconsistent  with  the  provisions  of  this  Act,  or  with  the  con- 
stitution or  laws  of  the  United  States  or  of  this  State; 
and,  subject  to  such  limitations,  may  from  time  to  time  ordain 
and  pass  all  such  ordinances,  rules,  regulations  and  by-laws 
as  to  the  said  Municipal  Assembly  may  seem  meet  for  the 
good  rule  and  government  of  the  City,  and  to  carry  out 
the  purposes  and  provisions  of  this  Act  or  of  other  laws  rela- 
ting to  the  said  City,  and  may  provide  for  the  enforcement 
of  the  same  by  such  fines,  penalties,  forfeitures  and  impris- 
onment as  may  by  ordinance  or  by-law  be  prescribed. 

Id.;   licenses   to   second-hand  dealers ;  penalty  for  violating  ordi- 
nance. 

Sec.  51.  Every  dealer  in  second-hand  articles  and  scalper 
in  coal  freights  shall  pay  for  a  license  a  sum  to  be  determined 

29 


by  the  Municipal  Assembly,  not  exceeding  five  hundred  dollars. 
Dealers  in  second-hand  articles  and  scalpers  in  coal  freights  may 
be  required  to  give  security  to  the  City  with  one  or  more  suffi- 
cient surety  or  sureties,  in  a  sum  not  exceeding  ten  thousand  dol- 
lars conditioned  for  the  observance  of  the  ordinances  of  the 
Municipal  Assembly.  No  greater  penalty  than  one  hundred 
dollars  shall  be  imposed  by  an  ordinance  as  the  penalty  of  the 
violation  of  any  ordinance  by  any  dealer  in  second-hand  articles 
or  scalper  in  coal  freights. 

Id.;  designating  common  jails. 

Sec.  52.  The  Municipal  Assembly  may,  by  ordinance  from 
time  to  time,  by  a  vote  of  two-thirds  of  the  members  of  each 
house,  and  the  approval  of  the  Mayor,  designate  any  building 
or  buildings  within  the  City  to  be  the  common  jails  of  said  City 
for  all  the  purposes  for  which  common  jails  may  by  law  be  used, 
and  such  building  or  buildings  so  designated,  shall  be  such  com- 
mon jails  until  changed  by  a  like  ordinance  by  the  Municipal 
Assembly. 

Id.;  assignment  of  places  for  holding  courts  of  general  and  special 
sessions  and  magistrates'  or  police  courts. 

Sec.  53.  The  Municipal  Assembly,  by  resolution  or  ordi- 
nance, by  a  vote  of  not  less  than  two-thirds  of  all  the  members 
elected  to  each  house,  may  assign  such  place  in  said  City  as  may 
to  it  seem  most  conducive  to  the  public  convenience,  for  the 
holding  of  the  courts  of  General  and  Special  Sessions,  and  upon 
the  application  of  the  Board  of  City  Magistrates,  may  designate 
additional  places  for  the  holding  of  magistrates'  or  police  courts 
and  jail  delivery  to  be  held  in  and  for  the  City;  notice  of  any 
change  of  the  places  of  holding  such  courts  shall,  before  the  same 
takes  effect,  be  published  in  the  City  Record  and  the  corporation 
newspapers,  for  a  period  of  not  less  than  four  weeks.  Said  pub- 
lication shall  be  made  under  the  direction  of  the  City  Clerk. 

Id.;  assignment  of  places  for  holding  Municipal  Courts. 

Sec.  54.  The  Municipal  Assembly  may  assign  the  places 
where  the  several  Municipal  Courts  shall  be  held,  within  their 
respective  districts,  except  as  otherwise  provided  by  law. 

30 


Id.;  security  to  be  required  from  certain  officers. 

Sec.  55.  It  shall  be  the  duty  of  the  Municipal  Assembly 
where  no  provision  has  been  made  by  law  in  respect  thereto,  to 
provide  for  the  accountability  of  all  officers  and  other  persons, 
save  as  herein  otherwise  provided,  to  whom  the  receipt  or  ex- 
penditure of  the  funds  of  the  city  shall  be  entrusted,  by  re- 
quiring from  them  sufficient  security  for  the  performance  of 
their  duties  of  trust,  which  security  shall  be  annually  renewed ; 
but  the  security  first  taken  shall  remain  in  force  until  new  se- 
curity shall  be  given. 

Id.;  prescribe  salaries  of  officers. 

Sec.  56.  The  salaries  of  all  officers  whose  offices  may  be 
created  by  the  Municipal  Assembly  for  the  purpose  of  giving 
effect  to  the  provisions  of  this  Act,  shall,  subject  to  the  other 
provisions  of  this  Act,  be  prescribed  by  ordinance  or  resolu- 
tion. The  Municipal  Assembly  shall  have  power,  upon  the 
recommendation  of  the  Board  of  Estimate  and  Apportionment, 
to  fix  the  salary  of  any  officer  or  person  whose  compensation  is 
paid  out  of  the  city  treasury,  irrespective  of  the  amount  fixed 
by  this  Act,  except  that  no  change  shall  be  made  in  the  salary 
of  an  elected  officer  or  head  of  a  department  during  the  term 
for  which  he  was  elected  or  appointed. 

Id.;  publication  of  code  of  ordinances. 

Sec.  57.  The  ordinances  of  the  Municipal  Assembly  shall, 
as  far  as  practicable,  be  reduced  to  a  code  and  published. 

Id.;  Commissioners  of  Deeds  ;  appointment,  oath,  term;  clerk  there- 
for. 

Sec.  58.  The  Board  of  Aldermen  is  hereby  authorized  and 
is  empowered  to  appoint  Commissioners  of  Deeds  from  time  to 
time,  who  shall  hold  their  offices  for  two  years  from  the  date  of 
their  appointment ;  such  appointment  shall  not  require  the 
concurrence  of  the  Council  nor  the  approval  of  the  Mayor,  and 
hereafter,  at  the  time  of  subscribing  or  filing  the  oath  of  office, 
the  City  Clerk  shall  collect  from  each  person  appointed  a   Com- 

31 


missioner  of  Deeds  the  sum  of  five  dollars,  and  he  shall  not 
administer  or  file  said  oath  unless  said  fee  has  been  paid.  All 
fees  collected  by  the  City  Clerk  under  and  by  virtue  of  this  Act, 
except  as  hereinafter  provided,  shall  be  accounted  for  and  paid 
over  monthly  into  the  treasury  of  the  city. 

The  City  Clerk  shall  appoint  an  officer,  to  be  known  as 
Commissioner  of  Deeds  Clerk,  whose  duties  shall  be  to  enter 
the  names  of  Commissioners  of  Deeds  appointed,  in^;a  book 
kept  for  that  purpose,  make  out  certificates  of  appointment 
and  to  discharge  such  other  duties  as  the  City  Clerk  may  des- 
ignate. Said  Commissioner  of  Deeds  Clerk  shall  receive  a 
salary  at  the  rate  of  twelve  hundred  dollars  per  annum,  payable 
monthly. 

Any  person  hereafter  appointed  to  the  office  of  Commis- 
sioner of  Deeds  in  and  for  The  City  of  New  York  by  the  Board 
of  Aldermen,  before  entering  upon  the  discharge  of  the  duties 
of  said  office  and  within  thirty  days  after  such  appointment, 
shall  take  and  subscribe  before  the  Commissioner  of  Deeds 
Clerk,  in  the  office  of  the  City  Clerk,  the  following  oath  of 
office :  That  the  applicant  is  a  citizen  of  the  United  States  and 
of  the  State  of  New  York,  and  a  resident  of  The  City  of  New 
York ;  that  he  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  the  State  of  New  York,  and 
faithfully  discharge  the  duties  of  the  office  of  Commissioner  of 
Deeds.  AnyjCommissioner  of  Deeds  who  may  remove  from 
the  City  of  New  York  during  his  term  of  office  is  hereby  re- 
quired to  notify  the  City  Clerk  of  such  removal. 

The  term  of  office  of  every  Commissioner  of  Deeds  who, 
on  the  first  day  of  May,  1898,  shall  be  holding  over  after  a 
term  of  two  years,  shall  then  cease. 

Municipal  Assembly;   Trustees  of  public  property. 

Sec.  59.  The  Municipal  Assembly  and  the  several  mem- 
bers thereof  and  all  officers  and  employees  of  the  City  are 
hereby  declared  Trustees  of  the  property,  funds  and  effects 
of  said  city  respectively,  so  far  as  such  property,  funds 
and  effects  are  or  may  be  committed  to  their  management 
or    control,     and    every    person    residing    in    said   city,     when 

32 


authorized  to  pay  taxes  therein,  and  who  shall  pay  taxes  therein 
is  hereby  declared  to  be  a  cestui  que  trust  in  respect  to  the  said 
property,  funds  and  effects,  respectively;  and  any  co-trustees, 
or  any  cestui  que  trust,  shall  be  entitled,  as  against  said  trustees, 
and  in  regard  to  said  property,  funds  and  effects,  to  all  the 
rights  and  privileges  provided  by  law  for  any  co-trustee,  or 
cestui  que  trust  to  prosecute  and  maintain  any  action  to  prevent 
waste  and  injury  to  any  property,  funds  and  estate  held  in 
trust.  Such  trustees  are  hereby  made  subject  to  all  the  duties  and 
responsibilities  imposed  by  law  on  trustees,  and  such  duties  and 
responsibilities  may  be  enforced  by  the  City  or  by  any  co-trustee 
or  cestui  que  trust  aforesaid. 

Municipal  Assembly;  violations  of  law  by  members  of: 

Sec.  60.  Any  member  of  the  Municipal  Assembly  who 
shall  knowingly  and  wilfully  disregard  any  provision  of  law  ap- 
plicable to  the  members  of  said  Assembly,  or  who  shall  vote  for 
any  contract  in  violation  of  law  or  any  appropriation  unauthor- 
ized by  law  or  in  excess  of  the  amount  authorized  by  law,  or 
for  any  illegal  or  injurious  disposition  of  corporate  property, 
rights  or  franchises,  shall  be  guilty  of  a  misdemeanor  and  liable 
to  the  punishment  and  penalties  prescribed  therefor;  and 
every  member  voting  in  favor  thereof  shall  be  individually  liable 
to  refund  the  amount  to  the  city  at  the  suit  of  any  citizen  and 
taxpayer. 


38 


CHAPTER   III. 

FRANCHISES  AND  GRANTS  OF  LAND  UNDER  WATER. 

Title  1.     Franchises. 

2.     Grants  of  Land  Under  Water. 

Title  1. 

franchises. 

Inalienable  rights  of  the  City  to  its  properties. 

Section  71.  The  rights  of  the  city  in  and  to  its  waterfront, 
ferries,  wharf  property,  land  under  water,  public  landings, 
wharves,  docks  streets,  avenues,  parks,  and  all  other  public 
places  are  hereby  declared  to  be  inalienable. 

Franchises  to  be  granted  by  ordinance. 

Sec.  72.  Every  grant  of  or  relating  to  a  franchise  of  any 
character  to  any  person  or  corporation  must,  unless  otherwise 
provided  in  this  Act,  be  by  ordinance. 

Limits  and  conditions  to  grants  of  franchises. 

Sec.  73.  After  the  approval  of  this  Act  no  franchise  or  right 
to  use  the  streets,  avenues,  parkways  or  highways  of  the  city 
shall  be  granted  by  the  Municipal  Assembly  to  any  person  or  cor- 
poration for  a  longer  period  than  twenty-five  years,  but  such  grant 
may  at  the  option  of  the  city  provide  for  giving  to  the  grantee  the 
right  on  a  fair  revaluation  or  revaluations  to  renewals  not  exceed- 
ing in  the  aggregate  twenty-five  years.  Such  grant,  and  any  con- 
tract in  pursuance  thereof,  may  provide  that  upon  the  termination 
of  the  franchise  or  right  granted  by  the  Municipal  Assembly  the 
plant,  as  well  as  the  property  of  the  grantee  in  the  streets, 
avenues,  parkways  and  highways  with  its  appurtenances,  shall 

34  . 


thereupon  be  and  become  the  property  of  the  city  without 
further  or  other  compensation  to  the  grantee ;  or  such  grant  and 
contract  may  provide  that  upon  such  termination  there  shall  be 
a  fair  valuation  of  the  plant  and  property  which  shall  be  and 
become  the  property  of  the  city  on  the  termination  of  the  grant 
on  paying  the  grantee^such  valuation.  If  by  virtue  of  the  grant 
or  contract  the  plant  and  property  are  to  become  the  city's, 
without  money  payment  therefor,  the  city  shall  have  the  option 
either  to  take  and  operate  the  said  property  on  its  own  account, 
or  to  renew  the  said  grant  for  not  exceeding  twenty  years  upon  a 
fair  revaluation,  or  to  lease  the  same  to  others  for  a  term  not  exceed- 
ing twenty  years.  If  the  original  grant  shall  provide  that  the  city 
shall  make  payment  for  the  plant  and  property,  such  payment  shall 
be  at  a  fair  valuation  of  the  same  as  property  excluding  any 
value  derived  from  the  franchise  ;  and  if  the  city  shall  make  pay- 
ment for  such  plant  and  property  it  shall  in  that  event  operate  the 
plant  and  property  on  its  own  account  for  at  least  five  years,  after 
which  it  may  determine  either  to  continue  such  operation  on  its 
own  account,  or  to  lease  the  said  plant  and  property  and  the 
right  to  use  the  streets  and  public  places  in  connection  therewith 
for  limited  periods,  in  the  same  or  similar  manner  as  it  leases  its 
ferries  and  docks.  Every  grant  shall  make  adequate  provision, 
by  way  of  forfeiture  of  the  grant  or  otherwise,  to  secure  efficiency 
of  public  service  at  reasonable  rates,  and  the  maintenance  of  the 
property  in  good  condition  throughout  the  full  term  of  the  grant. 
The  grant  or  contract  shall  also  specify  the  mode  of  determining 
the  valuations  and  revaluations  therein  provided  for. 

Proceedings  prior  to  grant  of  franchise. 

Sec.  74.  Before  any  grant  of  the  franchise  or  right  to  use 
any  street,  avenue,  parkway  or  highway  shall  be  made,  the  pro- 
posed specific  grant  embodied  in  the  form  of  an  ordinance  with 
all  of  the  terms  and  conditions,  including  the  provisions  as  to  rates, 
fares  and  charges,  shall  be  published  at  least  twenty  days  in  the 
City  Record  and  at  least  twice  in  two  daily  newspapers  published 
in  the  city  to  be  designated  by  the  Mayor  at  the  expense  of  the 
proposed  grantee.  Such  ordinance  shall  on  its  introduction  and 
first  reading  be  referred  by  the  Municipal  Assembly  to  the  Board 

35 


of  Estimate  and  Apportionment,  who  shall  make  inquiry  as  to 
the  money  value  of  the  franchise  or  privilege  proposed  to  be 
granted  and  the  adequacy  of  the  compensation  proposed  to  be  paid 
therefor,  and  no  grant  thereof  by  the  Municipal  Assembly  shall 
be  made  except  on  terms  approved  by  vote  or  resolution  of  the 
Board  of  Estimate  and  Apportionment,  entered  on  the  minutes 
or  record  of  such  Board,  and  every  ordinance  containing  or  mak- 
ing such  grant  shall  require  the  concurrence  of  three-fourths  of 
all  the  members  elected  to  each  branch  of  the  Municipal  Assem- 
bly as  shown  by  the  ayes  and  noes  there  recorded  and  the  ap- 
proval of  the  Mayor,  and  thirty  days  at  least  shall  intervene 
between  the  introduction  and  final  passage  of  any  such  ordi- 
nance. It  shall  require  a  vote  of  five-sixths  of  all  the  members 
elected  to  each  branch  of  the  Municipal  Assembly  to  pass  such 
ordinance  over  the  Mayor's  veto.  This  Act  shall  apply  to  any 
renewal  or  extension  of  the  grant  or  leasing  of  the  property  to 
the  same  grantee  or  to  others. 

Municipal  Assembly  to  pass  ordinances. 

Sec.  75.  The  Municipal  Assembly  may  from  time  to  time 
pass  appropriate  ordinances,  not  inconsistent  with  the  Constitu- 
tion and  Laws  of  the  State,  to  carry  the  provisions  of  this 
title  into  effect,  but  shall  not  part  with  the  right  and  duty  at  all 
times  to  exercise  in  the  interest  of  the  public,  full  municipal  sup- 
erintendence, regulation  and  control  in  respect  of  all  matters 
connected  with  such  grant,  and  not  inconsistent  with  the  terms 
thereof. 

City  may  dispose  of  buildings  not  required  for  public  use. 

Sec.  76.  Nothing  in  this  title  contained  shall  prevent  the  city 
from  disposing  of  any  building  or  parcel  of  land  no  longer  needed 
for  public  use,  provided  such  disposition  shall  be  approved  by 
the  Sinking  Fund  Commissioners,  and  shall  be  at  public  sale,  and 
be  provided  for  by  ordinance. 

Acts  not  applicable  to  grants  under  this  title. 

Sec.  77.  Section  93  of  chapter  565  of  the  laws  of  1890  and 
any  Acts  amendatory  thereof  or  supplemental  thereto,  shall  have 
no  application  to  grants  made  under  and  pursuant  to  this  title. 

36 


Title  2. 

grants  of  lands  and  franchises  to  city  in  aid  of 
commerce. 

Grants  of  lands  under  water. 

Sec.  83.  To  the  end  that  The  City  of  New  York,  as  herein 
constituted,  may  be  enabled  to  make  needful  provisions  for  the 
navigation,  intercourse  and  commerce  of  the  city  and  adequately  to 
develop  and  secure  the  same  now  and  in  the  future,  the  said  city 
shall  have  the  control  as  herein  and  in  this  Act  provided,  of  the 
water  front  of  the  entire  city,  subject,  however,  to  the  rights  of 
private  owners  of  property,  and  also  power  to  establish,  construct, 
acquire,  own,  maintain  and  enjoy  all  ferries,  pubhc  wharves,  docks, 
piers,  bulkheads,  basins,  slips,  streets,  approaches  and  spaces, 
and  all  other  public  structures,  adjuncts  and  facilities  neces- 
sary or  proper  for  the  navigation,  intercourse  and  commerce, 
foreign  and  domestic,  of  the  city.  To  these  ends,  in  addition 
to  all  other  grants,  there  is  hereby  granted  in  fee  to  the 
said  City  of  New  York,  as  herein  constituted,  in  all  the 
public  streams,  rivers,  sounds,  bays  and  waters  of  all  descriptions 
at  any  and  all  places  within  said  city  or  adjoining  the  limits  of 
said  city  as  herein  constituted,  all  and  singular  the  property, 
estate,  right,  title  and  interest  of  the  people  of  the  State  of 
New  York,  in,  to,  of,  and  concerning  such  lands  and  soil 
covered  by  water,  as  are  embraced  within  the  projected 
boundary  lines  of  any  street  intersecting  the  shore  line,  and 
which  street  is  in  public  use  or  which  may  be  hereafter 
opened  for  public  use,  extending  from  high  water  mark  out  into 
said  streams,  rivers,  sounds,  bays  and  waters  so  far  (any  limits  in 
existing  grants  to  the  contrary)  as  the  said  city  shall  now  or  at 
any  time  hereafter  in  the  opinion  of  its  Municipal  Assembly, 
or  Department  of  Docks  and  Ferries  require  the  same  for  ferries, 
public  wharves,  docks,  piers,  bulkheads,  basins,  slips,  or  other 
public  structures,  adjuncts  and  facilities  for  navigation  and  com- 
merce, including  the  right  for  such  purposes  to  reclaim  such  lands 
from  said  waters,  and  including  also  all  riparian  rights,  and  all 
rents,  issues  and    profits  of  the  premises  herein  granted.       The 

37 


Commissioners  of  the  Land  Office  shall  from  time  to  time,  convey 
or  patent  the  lands  herein  granted  to  the  city  for  said  purposes 
as  and  whenever  required  by  the  Board  of  Docks. 

Property  and  franchises  inalienable. 

Sec.  84.  The  property,  franchises  and  rights  hereby  granted 
and  the  works  and  structures  hereby  authorized  are  not  the  sub- 
ject of  sale  but  shall  be  held  by  the  city  in  perpetuity.  But  this 
shall  not  prevent  the  city  from  leasing  the  same  for  limited  peri- 
ods of  time,  in  the  same  manner  as  it  leases  other  like  property. 

Private  rights  protected. 

Sec.  85.  This  grant  shall  not  impair  or  affect  any  existing 
valid  private  rights,  or  the  existing  riparian  rights  of  owners  of 
private  property,  or  the  lawful  rights  of  private  owners  of  docks, 
piers  and  other  structures  in  the  said  city  or  any  part  thereof. 

Patenting  of  lands  under  water  by  Commissioners  of  the  Land  Office. 

Sec,  86.     After  the  approval  of  this  Act  no  patent  of  soil  or 
land  under  water  within  The  City  of  New  York,  as  herein  consti- 
tuted, shall  be  made  except  to  the  City  of  New  York  or  to  the 
riparian  proprietor.      If  the  Board  of  Docks  with  the  approval  of 
^  they^M^mioipal  Agiaombly  by   ordinanee,  shall  project  a  plan  or 

ft^it^c^        plans  for  the  construction  of  docks  between  street  intersections 
//  as  aforesaid,  and  desire  a  grant  of  land  under  water  for  that  pur- 

pose, they  shall  make  application  therefor  to  the  Commissioners 
of  the  Land  Ofifice  who  thereupon  shall  give  notice  to  the  ripar- 
ian proprietor  before  taking  action  in  the  matter  and  shall  make 
such  grant  to  the  city  for  the  purposes  specified  in  section  83. 
Such  grant,  however,  shall  be  subject  to  all  the  rights  of  the 
riparian  proprietor,  and  before  the  city  shall  construct  such  public 
wharves  or  other  structures  in  front  of  the  land  of  such  riparian  pro- 
prietor, the  city  shall  make  just  compensation  to  such  proprietor 
for  the  value  of  all  the  riparian  rights.  If  the  Commissioners 
shall  make  a  grant  to  the  riparian  proprietor  it  shall  be  con- 
fined to  soil   or  land   under  water  in  front  of  the  land  of  such 

38 


riparian  proprietor.  If  application  be  made  to  the  Commission- 
ers of  the  Land  Ofifice  by  the  riparian  proprietor  for  a  grant  of 
soil  or  land  under  water  within  The  City  of  New  York,  as  herein 
constituted,  said  Commissioners  shall  give  notice  thereof  to  the 
Board  of  Docks  of  the  city,  which  shall  examine  into  such 
application  and  determine  whether  the  granting  of  the  same 
will  conflict  with  the  rights  of  the  city  under  this  Act  or  be  other- 
wise injurious  to  the  public  interests  of  the  said  city,  and  shall 
report  their  conclusions  to  said  Commissioners  who  shall  insert 
such  terms  and  conditions  in  the  grant  recommended  by  the 
Board  of  Docks  as  will  protect  the  public  interests  of  the  city  in 
respect  to  navigation  and  commerce.  The  validity  of  any  such 
grant  or  patent  may  be  judicially  determined  in  an  action  brought 
by  and  in  the  name  of  the  city. 

Power  of  Municipal  Assembly. 

Sec.  87.  The  Municipal  Assembly  may  from  time  to  time 
pass  appropriate  ordinances  to  carry  the  provisions  hereof  into 
effect,  not  inconsistent  with  law  or  this  Act. 

Repealing  provision . 

Sec.  88.     All  Acts  and  parts  of  Acts,  so  far  as  the  ^ame 
are  inconsistent  with  this-Aet  are  hereby  repealed.  [p^i^a^t. 

J 


81) 


CHAPTER   IV. 

THE    EXECUTIVE. 

Mayor :  Executive  power  in  and  election  of:  salary. 

Sec.  94.  The  executive  power  of  The  City  of  New  York,  as 
constituted  by  this  Act,  shall  be  vested  in  the  Mayor  and  the 
ofificers  of  the  departments.  The  Mayor  shall  be  the  [chief 
executive  officer  of  the  City ;  he  shall  be  elected  at  the  general 
election  in  the  year  1897,  and  every  four  years  thereafter,  and 
shall  hold  his  office  for  the  term  of  four  years  commencing  at 
noon  on  the  first  day  of  January  after  his  election.  He  shall  be 
ineligible  for  the  next  term  after  the  termination  of  his  office. 
The  salary  of  the  Mayor  shall  be  fifteen  thousand  dollars  a  year. 

Mayor  s  power  of  removal. 

Sec.  95.  At  any  time  within  six  months  after  the  com- 
mencement of  his  term  of  office  the  Mayor,  elected  for  a  full 
term,  may,  whenever  in  his  judgment  the  public  interests  shall 
so  require,  remove  from  office  any  public  officer  holding  office 
by  appointment  from  the  Mayor,  except  members  of  Boards  of 
Education  and  School  Boards,  and  except  also  judicial  officers  for 
whose  removal  other  provision  is  made  by  the  constitution. 
After  the  expiration  of  said  period  of  six  months,  any  such 
public  officer  may  be  removed  by  the  Mayor  for  cause  upon 
charges  preferred  and  after  opportunity  to  be  heard,  subject, 
however,  before  such  removal  shall  take  effect  to  the  approval  of 
the  Governor  expressed  in  writing. 

Administrative  Departments. 

Sec.  96.  There  shall  be  the  following  administrative  de- 
partments in  said  City: 

40 


Department  of  Finance 
Law  Department. 
Police  Department. 

Represented  in  the  Board  of  Public  Improvements : 

1.  Department  of  Water  Supply. 

2.  Department  of  Highways. 

3.  Department  of  Street  Cleaning. 

4.  Department  of  Sewers. 

5.  Department    of    Public   Buildings,    Lighting    and 
Supplies. 

6.  Department  of  Bridges. 

Department  of  Parks. 
Department  of  Buildings. 
Department  of  Public  Charities. 
Department  of  Correction. 
Fire  Department. 
Department  of  Docks  and  Ferries. 
Department  of  Taxes  and  Assessments. 
Department  of  Education. 
Department  of  Health. 

Department  of  Finance ;   Comptroller. 

Sec.  97.  The  head  of  the  Department  of  Finance  shall  be 
called  the  Comptroller  of  The  City  of  New  York.  He  shall  be 
elected  at  the  general  election  in  the  year  1897,  and  every  four 
years  thereafter,  and  shall  hold  his  office  for  the  term  of  four 
years,  commencing  at  noon  on  the  first  day  of  January  after  his 
election. 

41 


The  Comptroller  may  be  removed  from  office  by  the  Gov- 
ernor in  the  same  manner  as  sheriffs,  except  that  the  Governor 
may  direct  the  inquiry  required  by  law,  to  be  conducted  by  the 
Attorney  General,  and  after  charges  have  been  received  by  the 
Governor,  he  may,  pending  the  investigation,  suspend  the 
Comptroller  for  a  period  not  exceeding  thirty  days.  In  case 
of  a  vacancy  in  the  office  of  Comptroller,  it  shall  be  filled 
by  the  Mayor,  and  the  person  appointed  to  fill  such  va- 
cancy shall  hold  office  until  noon  of  the  first  day  of  January 
succeeding  the  election  at  which  a  successor  shall  be  elected. 
At  the  next  general  election  at  which  municipal  officers  shall  be 
elected,  which  shall  take  place  more  than  thirty  days  after  the  oc- 
currence of  a  vacancy  in  the  office  of  Comptroller,  a  successor 
shall  be  chosen  who  shall  hold  office  for  the  remainder  of  the 
unexpired  term. 

Law  Department ;   Corporation  Counsel. 

Sec.  98.  The  head  of  the  Law  Department  shall  be  called 
the  Corporation  Counsel,  and  shall,  unless  sooner  removed, 
hold  his  office  for  four  years  and  until  his  successor  shall  be  ap- 
pointed and  has  qualified. 

Police  Department ;  Police  Board. 

Sec.  99.  The  head  of  the  Police  Department  shall  be  called 
the  Police  Board.  Said  Board  shall  consist  of  four  members  to 
be  known  as  Police  Commissioners  of  The  City  of  New  York 
who  shall,  unless  sooner  removed,  respectively  hold  their  offices 
for  four  years  and  until  their  successors  shall  respectively  be 
appointed  and  have  qualified,  except  that  the  Commissioners 
first  appointed  shall,  unless  sooner  removed,  hold  office  for  one, 
two,  three  and  four  years  respectively,  as  designated  by  the 
Mayor. 

Board  of  Public  Improvements  and  Departments  represented  therein. 

Sec.  100.  The  head  of  the  Board  of  Public  Improvements 
shall  be  the  President  of  said  Board.      He  shall  be  appointed  by 

42 


the  Mayor,  and  shall,  unless  sooner  removed,  hold  his  office  for 
six  years  and  until  his  successor  shall  be  appointed  and  has 
qualified. 

1.  The  head  of  the   Department  of  Water  Supply 
shall  be  called  the  Commissioner  of  Water  Supply.      He 
shall  be  appointed  by  the  Mayor,  and  shall,  unless  sooner 
removed,  hold  his  office  for  six  years  and  until  his  sue 
cessor  shall  be  appointed  and  has  qualified. 

2.  The  head  of  the  Department  of  Highways  shall 
be  called  the  Commissioner  of  Highways.  He  shall  be 
appointed  by  the  Mayor,  and  shall,  unless  sooner  removed, 
hold  his  office  for  six  years  and  until  his  successor  shall 
be  appointed  and  has  qualified. 

3.  The  head  of  the  Department  of  Street  Cleaning 
shall  be  called  the  Commissioner  of  Street  Cleaning.  He 
shall  be  appointed  by  the  Mayor,  and  shall,  unless  sooner 
removed,  hold  his  office  for  six  years  and  until  his  suc- 
cessor shall  be  appointed  and  has  qualified. 

4.  The  head  of  the  Department  of  Sewers  shall  be 
called  the  Commissioner  of  Sewers.  He  shall  be  appointed 
by  the  Mayor,  and  shall,  unless  sooner  removed,  hold  his 
office  for  six  years  and  until  his  successor  shall  be  appointed 
and  has  qualified, 

5.  The  head  of  the  Department  of  Public  Buildings, 
Lighting,  and  Supplies  shall  be  called  the  Commissioner 
of  Public  Buildings,  Lighting,  and  Supplies.  He  shall  be 
appointed  by  the  Mayor,  and  shall,  unless  sooner  removed, 
hold  his  office  for  six  years  and  until  his  successor  shall 
be  appointed  and  has  qualified. 

6.  The  head  of  the  Department  of  Bridges  shall  be 
called  the  Commissioner  of  Bridges.  He  shall  be  appointed 
by  the  Mayor,  and  shall,  unless  sooner  removed,  hold  his 
office  for  six  years  and  until  his  successor  shall  be  appointed 
and  has  qualified. 

43 


Department  of  Parks  ;  Park  Board. 

Sec.  101.  The  head  of  the  Department  of  Parks  shall 
be  called  the  Park  Board.  Said  Board  shall  consist  of  three 
members  who  shall  be  known  as  Commissioners  of  Parks. 
They  shall  be  appointed  by  the  Mayor,  and  shall,  unless  sooner 
removed,  respectively  hold  their  offices  for  six  years  and  until 
their  successors  shall  respectively  be  appointed  and  have  quali- 
fied, except  that  the  Commissioners  first  appointed  shall,  unless 
sooner  removed,  hold  office  for  two,  four  and  six  years,  respec- 
tively, as  designated  by  the  Mayor. 

Departme7it  of  Buildings. 

Sec.  102.  The  head  of  the  Department  of  Buildings  shall  be 
called  the  Board  of  Buildings.  Said  Board  shall  consist  of 
three  members  to  be  known  as  Commissioners  of  Buildings. 
They  shall  be  appointed  by  the  Mayor,  and  shall,  unless  sooner 
removed,  hold  their  respective  offices  for  the  term  of  six  years, 
and  until  their  successors  shall  respectively  be  appointed  and 
.  have  qualified,  except  that  the  Commissioners  first  appointed 
shall^  unless  sooner  removed,  hold  office  for  two,  four  and  six 
years  respectively,  as  designated  by  the  Mayor. 

Department  of  Public  Charities  ;  Board  of  Public  Charities. 

Sec.  103.  The  head  of  the  Department  of  Public  Charities 
shall  be  called  the  Board  of  Public  Charities.  Said  Board  shall 
consist  of  three  members  to  be  known  as  Commissioners  of  Public 
Charities  of  The  City  of  New  York.  They  shall  be  appointed 
by  the  Mayor  and  shall,  unless  sooner  removed,  respectively  hold 
their  offices  for  six  years,  and  until  their  successors  shall  respec- 
tively be  appointed  and  have  qualified,  except  that  the  Com- 
missioners first  appointed  shall,  unless  sooner  removed,  hold 
office  for  two,  four  and  six  years,  respectively,  as  designated  by 
the  Mayor. 

Departmetit  of  Correction  ;     Commissioner  of. 

Sec.  104.  The  head  of  the  Department  of  Correction  shall 
be    called    The    Commissioner    of    Correction.       He    shall    be 

44 


(TJII7BESITT] 

appointed  by  the  Mayor,  and  shall,  unless  sooner  removed,  hold 
his  office  for  six  years,  and  until  his  successor  shall  be  appointed 
and  has  qualified. 

Fire  Department ;  the  Fire  Commissioner . 

Sec.  105.  The  head  of  the  Fire  Department  shall  be  called 
The  Fire  Commissioner.  He  shall  be  appointed  by  the 
Mayor,  and  shall,  unless  sooner  removed,  hold  office  for  six 
years,  and  until  his  successor  shall  be  appointed  and  has 
qualified. 

Department  of  Docks  and  Ferries :     Board  of  Docks. 

Sec.  106.  The  head  of  the  Department  of  Docks  and  Fer- 
ries shall  be  called  the  Board  of  Docks.  Said  Board  shall 
consist  of  three  members,  who  shall  be  known  as  Commissioners 
of  Docks;  and  who  shall,  unless  sooner  removed,  hold  their 
respective  offices  for  six  years,  and  until  their  successors  shall 
respectively  be  appointed  and  have  qualified,  except  that  the 
Commissioners  first  appointed  shall,  unless  sooner  removed, 
hold  office  for  two,  four  and  six  years,  respectively,  as  desig- 
nated by  the   Mayor. 

Department  of   Taxes   and  Assessments ;  Board  of   Taxes   and 
Assessments. 

Sec.  107.  The  head  of  the  Department  of  Taxes  and  Assess- 
ments shall  be  called  the  Board  of  Taxes  and  Assessments. 
Said  board  shall  consist  of  a  President,  who  shall  be  so  desig- 
nated in  his  appointment,  and  four  other  members,  one  of  whom 
at  least  shall  be  a  person  learned  in  the  law,  who  shall  be  called 
Commissioners  of  Taxes  and  Assessments.  The  President, 
unless  sooner  removed,  shall  hold  his  office  for  the  term  of  six 
years,  and  until  his  successor  shall  be  appointed  and  has  qualified. 
The  other  Commissioners  shall,  unless  sooner  removed,  hold 
their  respective  offices  for  the  term  of  four  years.  The  Com- 
missioners first  appointed  under  this  Act  shall,  unless  sooner 
removed,  hold  office  by  designation  of  the  Mayor  for  terms  of 
one,  two,  three  and  four  years  respectively.     The  Commissioners 

45 


thereafter  appointed  shall,  unless  sooner  removed,  hold  office 
for  the  term  of  four  years,  and  until  their  successors  shall  respec- 
tively be  appointed  and  have  qualified. 

Department  of  Education. 

Sec.  108.  The  head  of  the  Department  of  Education 
shall  be  called  the  Board  of  Education.  Said  Board  shall  consist 
of  nineteen  members,  and  shall  be  composed  as  follows ;  of  the 
Chairman  of  the  School  Board  of  the  Boroughs  of  Manhattan 
and  The  Bronx,  and  ten  other  members  elected  by  said 
School  Board ;  of  the  Chairman  of  the  School  Board  of  the 
Borough  of  Brooklyn  and  five  other  members  elected  by  said 
School  Board ;  and  of  the  Chairman  of  the  School  Boards 
of  the  Boroughs  of  Queens  and  Richmond,  respectively.  The 
members  of  said  Board  of  Education  shall  hold  ofifice  for  one 
year,  and  until  their  successors  shall  respectively  be  chosen 
and  have  qualified. 

Department  of  Health;  Board  of  Health. 

Sec.  109.  The  head  of  the  Department  of  Health  shall  be 
called  the  Board  of  Health.  Said  Board  shall  consist  of  the 
President  of  the  Police  Board,  the  Health  Ofificer  of  the  Port, 
aud  three  officers  appointed  by  the  Mayor,  to  be  called  Health 
Commissioners,  two  of  whom  shall  have  been  practicing  physi 
cians  for  not  less  than  ten  years  preceding  their  respective  appoint- 
ments. The  Health  Commissioner,  who  is  not  a  physician,  shall 
be  the  President  of  the  Board  and  shall  be  so  designated  in  his 
appointment.  The  Health  Commissioners  shall,  unless  sooner 
removed,  respectively  hold  their  offices  for  six  years  and  until 
their  successors  shall  respectively  be  appointed  and  have  quali- 
fied, except  that  the  Commissioners  first  appointed  shall,  unless 
sooner  removed,  hold  office  for  two,  four  and  six  years 
respectively,  as  designated  by  the  Mayor. 


46 


CHAPTER  V. 

THE    MAYOR. 

Mayor :     Duties  of 

Section.   115.      It  shall  be  the  duty  of  the  Mayor: 

1.  To  communicate  to  the  Municipal  Assembly, 
at  least  once  in  each  year,  a  general  statement  of  the 
finances,  government,  and  improvements  of  the  City. 

2.  To  recommend  to  the  Municipal  Assembly  all 
such  measures  as  he  shall  deem  expedient. 

3.  To  keep  himself  informed  of  the  doings  of  the 
several  departments. 

4.  To  be  vigilant  and  active  in  causing  the  ordi- 
nances of  the  City,  and  laws  of  the  State  to  be  executed 
and  enforced,  and  for  that  purpose  he  may  call  together 
for  consultation  and  co-operation  any  or  all  of  the  heads 
of  departments. 

5.  And  generally  to  perform  all  such  duties  as  may 
be  prescribed  for  him  by  this  Act,  the  city  ordinances 
and  the  laws  of  the  State. 

Id.  a  magistrate. 

Sec.  116.     The  Mayor  is  a  magistrate.    . 
Id.  may  appoint  clerks,  etc. 

Sec.  117.  The  Mayor  may  appoint  such  clerks  and  sub- 
ordinates as  he  may  require  to  aid  him  in  the  discharge  of  his 
official  duties,  and  shall  render  to  the  Municipal  Assembly, 
every  three  months,  an  account  of  the  expenses  and  receipts  of 
his  office,  and  therein  shall  state,  in  detail,  the  amounts  paid 
and  agreed  to  be  paid   by  him,   for  salaries  to  such  clerks  and 

47 


subordinates  respectively,  and  the  general  nature  of  their  duties, 
which  account  and  report  shall  be  published  in  the  City 
Record.  The  aggregate  expenses  incurred  by  him  for  such 
purposes  shall  not  exceed,  in  any  one  year,  the  sum  appropri- 
ated therefor. 

Id.  to  appoint  lieads  of  departments.      Terms  of  latter. 

Sec.  118.  The  Mayor  shall  appoint  the  heads  of  depart- 
ments and  all  Commissioners,  except  as  otherwise  provided 
in  this  Act.  He  shall  also  appoint  all  members  of  any 
Board  or  Commission  authorized  to  superintend  the  erection 
or  repair  of  any  building  belonging  to  or  to  be  paid  for  by 
the  city,  whether  named  in  any  law  or  appointed  by 
any  local  authority,  and  also  a  Commissioner  of  Jurors 
for  the  Boroughs  of  Manhattan  and  The  Bronx,  Inspec- 
tors of  Weights  and  Measures,  and  as  many  Sealers  of 
Weights  and  Measures  as  may  by  ordinance  be  prescribed,  and 
also  the  members  of  any  other  local  board  and  all  other  officers 
not  elected  by  the  people,  whose  appointment  is  not  excepted 
or  otherwise  provided  for.  Every  head  of  department  and 
person  in  this  section  named,  shall,  subject  to  the  power 
of  removal  herein  provided,  hold  his  office  for  such  term 
as  is  provided  by  this  Act,  or  otherwise,  and  in  each 
case  until  a  person  is  duly  appointed,  and  has  qualified,  in 
his  place.  The  terms  of  office  of  all  such  heads  of  departments 
and  persons,  shall,  as  to  those  first  appointed,  commence  at  noon 
on  the  first  day  of  January  1898,  and  thereafter  at  noon  on  the 
first  day  of  January  in  the  year  in  which  the  terms  of  office 
of  their  predecessors  expire,  except  that  any  person  who  shall  be 
appointed  in  pursuance  of  this  section  to  fill  any  vacancy  shall 
hold  his  office  for  the  unexpired  term  of  his  predecessor. 

Id.  to  appoint  Commissioners  of  Accounts. 

Sec.  119.  The  Mayor  shall  appoint  and  remove  at  pleasure 
two  persons  who  shall  be  Commissioners  of  Accounts.  It  shall 
be  their  duty,  once  in  three  months,  to  make  an  examination  of 
the  receipts  and  disbursements  in  the  offices  of  the  Comptroller 
and  Chamberlain,  in   connection  with   those   of  all  the  depart- 

48 


ments  and  officers  making  returns  thereto,  and  report  to  the 
Mayor  a  detailed  and  classified  statement  of  the  financial  con- 
dition of  the  city  as  shown  by  such  examinations.  They  shall 
also  make  such  special  examinations  of  the  accounts  and  meth- 
ods of  the  departments  and  offices  of  the  City  and  of  the 
Counties  of  New  York,  Richmond  and  Kings,  as  the  Mayor  may 
from  time  to  time  direct,  and  such  other  examinations  as  the 
said  Commissioners  may  deem  for  the  best  interests  of  the 
city,  and  report  to  the  Mayor  and  the  Municipal  Assembly 
the  results  thereof.  For  the  purpose  of  ascertaining  facts 
in  connection  with  these  examinations  they  shall  have  full  power 
to  compel  the  attendance  of  witnesses,  to  administer  oaths  and 
to  examine  such  persons  as  they  may  deem  necessary.  Such 
Commissioners  shall  each  be  paid  the  sum  of  five  thousand 
dollars  a  year.  The  Board  of  Estimate  and  Apportionment 
and  the  Municipal  Assembly  shall  annually  appropriate  a  sum 
sufficient  to  pay  the  salaries  of  said  Commissioners,  and  in 
the  discretion  of  said  Board  and  Municipal  Assembly  a  sum 
sufficient  to  enable  them  to  employ  the  necessary  assistance  to 
carry  out  the  provisions  of  this  Act. 

Id.  Proclamation  as  to  holding  Courts  in  case  of  Pestilence,  etc. 

Sec.  120.  The  Mayor,  or,  in  case  of  his  absence,  or  other  dis- 
ability, the  President  of  the  Council,  by  proclamation,  may  direct 
that  the  next  ensuing  term  of  any  Court,  other  than  the  Court  of 
Appeals,  appointed  to  be  held  in  that  City  shall  be  held  in  any 
building  within  The  City  of  New  York,  other  than  the  building 
where  the  same  is  regularly  to  be  held,  if,  in  his  opinion,  war,  pesti- 
lence, or  other  public  calamity,  or  the  danger  thereof,  or  the  de- 
struction or  injury  of  the  building,  or  the  want  of  suitable  accom- 
modation, renders  it  necessary  that  some  other  place  be  selected. 
The  proclamation  must  be  published  in  two  or  more  daily  news- 
papers, published  in  The  City  of  New  York. 

Id.  Police  Power  as  to  pawnbrokers. 

Sec.  121.  The  Mayor  shall  possess  the  power  conferred  upon 
the  Chief,  Deputy  Chiefs,  Inspectors  and  Captains  of  Police  by 
section  317  of  this  Act. 

4» 


Id,  Removal  by  Governor. 

Sec.  122.  The  Mayor  may  be  removed  from  office  by  the 
Governor  in  the  same  manner  as  Sheriffs,  except  that  the  Gov- 
ernor may  direct  the  inquiry  provided  by  law  to  be  conducted 
by  the  Attorney  General ;  and  after  the  charges  have  been  re- 
ceived by  the  Governor,  he  may,  pending  the  investigation,  sus- 
pend the  Mayor  for  a  period  not  exceeding  thirty  days. 

Municipal  Civil  Service  :     Mayor  to  appoint  Commissioners. 

Sec.  123.  The  Mayor  shall  appoint  three  or  more 
suitable  persons  as  Commissioners  to  prescribe  and  amend, 
subject  to  his  approval,  and  to  enforce  regulations  for  appoint- 
ments to,  and  promotions  in,  the  civil  service  thereof,  and  for 
classifications  and  examinations  therein,  and  for  the  registration 
and  selection  of  laborers  for  employment  therein,  in  pursuance 
of  the  Constitution  of  this  State.  Said  Commissioners  shall 
receive  no  compensation. 

Regulations. 

Sec.  124.    Such  regulations  shall,  among  other  things,  provide 

1.  For  the  classification  of  the  offices,  places  and  em- 
ployments in  the  Civil  Service  of  the  said  city. 

2.  For  examinations,  wherever  practicable,  to  ascer- 
tain the  fitness  of  applicants  for  appointment  to  the  Civil 
Service  of  said  city. 

All  examinations  shall  be  public.  No  question  in  any 
examination  under  the  rules  established  as  aforesaid  shall 
relate  to  political  or  religious  opinions  or  affiliations,  and 
no  appointment  or  selection  to  or  removal  from  an  office 
or  employment  within  the  scope  of  the  rules  established 
as  aforesaid,  shall  be  in  any  manner  affected  or  influenced 
by  such  opinions  or  affiliations.  Such  examinations  shall 
be  practical  in  their  character,  and  shall  relate  to  those 
matters  which  will  fairly  test  the  relative  capacity  and  fit- 
ness of  the  persons  examined  to  discharge  the  duties  of  the 
position  to  which  they  seek  to  be  appointed.     Such  exam- 

50 


inations,  save  in  the  case  of  applicants  for  employment 
as  laborers,  shall  be  open,  competitive  examinations,  ex- 
cept where,  after  due  efforts  by  previous  public  advertise- 
ment or  other  effort  in  case  of  extraordinary  emergency, 
competition  is  found  not  to  be  practicable.  The  exam- 
ination of  applicants  for  employment  as  laborers  shall  relate 
to  their  capacity  for  labor,  their  habits  as  to  industry  and 
sobriety,  and  the  number  of  persons  dependent  upon  them 
for  support. 

3.  For  the  filling  of  vacancies  in  the  offices,  places  and 
employments  in  the  public  service  which  are  subject  to 
competitive  examination  by  selection  from  among  those 
graded  highest  as  the  result  of  such  examination,  provided, 
however,  that  soldiers  and  sailors  honorably  discharged 
from  the  army  and  navy  of  the  United  States  in  the  late 
civil  war,  who  are  citizens  and  residents  of  this  State, 
shall  be  entitled  to  preference  in  appointment  and  promo- 
tion from  any  list  from  which  an  appointment  or  promo- 
tion is  to  be  made,  without  regard  to  their  standing  on 
such  list. 

4.  For  a  period  of  probation  before  an  appointment 
or  employment  is  made  permanent. 

5.  For  promotions  in  oiBce  on  the  basis  of  ascertained 
merit  and  seniority  in  service,  and  upon  such  examination 
as  may  be  for  the  good  of  the  public  service. 

Authority  and  duty  of  Cofnmissioners. 

Sec.  125.  The  persons  so  appointed  or  employed  shall  be 
known  as  Municipal  Civil  Service  Commissioners,  and  within 
the  amount  appropriated  therefor,  they  shall  have  authority  to 
employ  a  Secretary,  Examiners,  and  such  other  subordinates 
as  may  be  necessary.  It  shall  be  the  duty  of  such  persons 
to  make  reports  from  time  to  time  to  the  State  Civil  Service 
Commission,  whenever  said  Commission  may  request,  of  the 
manner  in  which  the  Civil  Service  law,  and  the  rules  and 
regulations  thereunder,   have  been  and    are    administered,  and 

61 


the  results  of  their  administration  in  such  city,  and  of  such  other 
matters  as  said  Commission  may  require,  and  annually  on  or 
before  the  tenth  day  of  January  to  make  such  a  report  to  said 
Commission ;  and  it  shall  be  the  duty  of  said  State  Commission 
in  its  annual  report  to  set  out  either  these  reports,  or  a  sufificient 
abstract  or  summary  thereof,  to  give  full  and  clear  information 
as  to  their  contents. 

It  shall  be  the  duty  of  all  persons  in  the  ofificial  service  of 
said  city  to  conform  to  and  comply  with  said  regulations,  and 
any  modifications  thereof  made  pursuant  to  the  authority  of  this 
section  or  said  rules,  and  to  aid  and  facilitate  in  all  reasonable 
and  proper  ways  the  enforcement  of  said  regulations  and  rules 
and  any  modifications  thereof,  and  the  holding  of  all  examina- 
tions which  may  be  required  under  the  authority  of  this  section 
or  said  rules.  Until  the  appointment  of  a  Municipal  Civil  Ser- 
vice Commission  under  this  Act  in  said  city,  the  Municipal  Civil 
Service  Commissioners  now  in  existence  in  any  part  of  the  terri- 
tory of  said  city  shall  continue  in  ofifice,  and  the  civil  service 
rules  now  in  force  therein  shall  continue  to  be  in  force  until  the 
adoption  of  new  rules  hereunder.  The  authority  by  this  section 
conferred  shall  not  be  so  exercised  as  to  take  from  any  police- 
man or  fireman  any  right  or  benefit  now  conferred  by  law  or 
by  this  Act,  or  existing  under  any  lawful  regulation  of  the  de- 
partment in  which  he  serves.  Proper  provision  shall  be  made 
in  the  annual  budget  for  all  the  expenses  of  the  Municipal  Civil 
Service  Commissioners. 

Warrants  for  payment  of  salary  ;  when  not  to  be  issued. 

Sec.  126.  Any  officer  of  said  city  whose  duty  it  is  to  sign  or 
countersign  warrants,  shall  not  draw,  sign  or  issue,  or  authorize 
the  drawing,  signing  or  issuing  of  any  warrant  on  the  Chamberlain 
or  other  disbursing  officer  of  the  city  for  the  payment  of  salary 
to  any  person  in  its  service  whose  appointment  has  not  been 
made  in  pursuance  of  this  chapter  and  the  rules  in  force  there- 
under, provided,  however,  that  this  section  shall  not  apply  to 
persons  now  in  office  who  are  by  this  Act  continued  in  office,  or 
transferred  in  service. 

52 


Veterans. 

Sec.  1 27.  All  veterans  either  of  the  Army  or  Navy  or  the  Vol- 
unteer Fire  Departments,  now  in  the  service  of  either  of  the  munic- 
ipal and  public  corporations  hereby  consolidated,  who  are  now 
entitled  by  law  to  serve  during  good  behavior,  or  who  cannot  under 
existing  law  be  removed  except  for  cause,  shall,  so  far  as  is  consist- 
ent with  economy  and  with  the  needs  and  requirements  of  the 
service,  be  retained  in  like  positions  and  under  the  same  condi- 
tions by  the  corporation  constituted  by  this  Act,  to  serve  under 
such  titles  and  in  such  way  as  the  head  of  the  appropriate  de- 
partment or  the  Mayor  may  direct. 

Bureau  of  Municipal  Statistics. 

Sec.  128.  There  shall  be  a  Bureau  of  Municipal  Statistics 
of  The  City  of  New  York,  for  the  purpose  of  collecting,  keep- 
ing and  publishing,  as  hereinafter  or  otherwise  provided  by  law, 
such  statistical  data  relating  to  the  City,  as  shall  be  deemed  of 
utility  or  interest  to  the  City  Government  or  its  citizens. 

Bureau.     How  Constituted. 

Sec.  129.  The  Bureau  of  Municipal  Statistics  shall  consist  of 
a  Chief  of  the  Bureau  of  Municipal  Statistics,  of  a  Municipal 
Statistical  Commission,  and  of  such  assistants  to  the  Chief  of 
the  Bureau,  as  may  be  found  necessary  for  properly  carrying  on 
the  work  of  the  Bureau. 

Chief  of  Bureau  to  be  appointed  by  the  Mayor. 

Sec.  130.  The  Chief  of  the  Bureau  of  Municipal  Statistics 
shall  be  appointed  by  the  Mayor  for  a  term  of  four  years,  and 
shall,  unless  sooner  removed,  hold  office  until  his  successor  shall  be 
appointed  and  have  duly  qualified.  He  shall  be  ex-officio  a  mem- 
ber and  the  Chairman  of  the  Municipal  Statistical  Commission. 

Municipal  Statistical  Commission.     How  Constituted. 

Sec.  131.  The  Municipal  Statistical  Commission  shall  con- 
sist of  not  less  than  three,  nor  more  than  six  members,  exclusive 
of  the  Chief  of  the  Bureau  of  Municipal   Statistics.     Such  mem- 

53 


bers  shall  be  appointed  by  the  Mayor,  and  shall  be  residents  of 
the  City.  They  shall  be  appointed  with  special  reference  to 
their  qualifications  to  give  expert  advice  upon  statistical  sub- 
jects. Their  term  of  office  shall  be  six  years;  but  the  members 
of  the  Commission  first  appointed  shall  by  lot  divide  themselves 
into  three  classes,  so  that  one  third  shall  retire  at  the  end  of  two 
years,  one  third  at  the  end  of  four  years,  and  one  third  at  the 
end  of  six  years.  The  successors  to  such  original  Commissioners 
shall  be  appointed  for  the  term  of  six  years. 

Meetings  of  Commission.     Quorum. 

Sec  132.  The  Municipal  Statistical  Commission  shall  meet 
at  such  times  as  may  be  convenient,  but  at  least  once  in  each 
month.  A  majority  of  the  Commission  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Place  of  Meeting. 

Sec.  133.  It  shall  be  the  duty  of  the  Board  of  Estimate  and 
Apportionment  to  provide  suitable  offices,  furniture,  and  appli- 
ances for  the  use  of  the  Bureau  of  Municipal  Statistics. 

Compensatio7i  of  Chief  of  Bureau  and  his  Assistants,  and  of  the 
Commission. 

Sec.  134.  The  Chief  of  the  Bureau  of  Municipal  Statistics 
shall  receive  an  annual  salary  of  $3,500.  He  shall  appoint  his 
assistants,  and  shall  fix  their  salaries  with  the  approval  of  the 
Board  of  Estimate  and  Apportionment.  The  members  of  the 
Municipal  Statistical  Commission  shall  receive  no  compensation. 

Powers  and  Duties  of  the  Commission. 

Sec.  135.  The  Municipal  Statistical  Commission  shall  make 
such  rules  and  by-laws  as  may  be  necessary  for  the  regulation  of 
the  Bureau  of  Municipal  Statistics  not  in  conflict  with  this  Act, 
or  with  any  law  of  this  State  or  of  the  United  States,  and 
shall  direct  the  general  work  of  the  Bureau  of  Municipal  Statis- 
tics.    The  Commission  shall  devise  and  carry  out  plans  for  the 

54 


collection  and  publication  by  the  Bureau  of  Municipal  Statistics 
of  such  statistical  data  relating  to  The  City  of  New  York  as  it 
may  deem  advisable  to  publish.  The  head  of  each  Department 
of  the  City  shall,  upon  a  request  from  the  Commission  made 
through  the  Mayor,  and  approved  by  him,  transmit  to  the 
Chief  of  the  Bureau  of  Municipal  Statistics  for  use  by  the 
Commission,  upon  such  blanks  as  may  be  provided,  or  in  such 
other  manner  as  may  be  deemed  convenient  by  the  Commission, 
such  statistical  data  relating  to  the  work  of  such  Department  as 
the  Commission  may  call  for. 

Powers  and  Duties  of  Chief  of  Bureau. 

Sec.  136.  The  Chief  of  the  Bureau  of  Municipal  Statistics 
shall  have  charge  of  the  execution  of  the  plans  outlined  by  the 
Statistical  Commission,  and  shall,  under  the  direction  of  the 
Commission,  attend  to  the  collection,  tabulation  and  publica- 
tion of  reports  directed  to  be  published  by  the  Commission. 

Publication  of  Statistics. 

Sec.  137.  The  Bureau  of  Municipal  Statistics  shall  publish 
annually,  with  the  approval  of  the  Board  of  Estimate  and  Ap- 
portionment, a  volume  to  be  known  as  the  "  Municipal  Statis- 
tics of  The  City  of  New  York  for  the  year  ."  In  this 
volume  the  Statistical  Commission  shall  publish,  in  so  far  as  it 
may  deem  advisable,  the  results  attending  the  work  of  the  vari- 
ous departments  of  the  City  Government  for  the  preceding  cal- 
endar year,  and  such  other  statistical  information  and  facts  re- 
lating to  The  City  of  New  York  or  its  inhabitants  as  it  may 
deem  of  general  public  interest.  Such  publication  shall  contain 
statistics  relating  to  births,  marriages,  deaths ;  to  the  sanitary 
condition  of  the  City ;  to  the  supervision  of  the  water  supply, 
parks,  streets,  pavements,  sewers,  and  buildings  of  the  City ;  to 
the  occurrence  of  fires ;  to  the  administration  of  Charities  and 
Corrections ;  to  the  administration  of  the  Police  Department ;  to 
the  Judiciary  and  its  various  departments  and  branches;  to 
crime;  to  the  business  and  proceedings  of  the  Criminal  Courts 
and  ofificers  of  the  City ;   to   the   operation  of  the  license  laws ; 

66 


to  the  children  attending  school  and  to  the  public  schools,  to 
the  work  of  the  Department  of  Education,  and  to  the  popula- 
tion of  the  City  of  school  age ;  to  franchises  granted  to  corpor 
ations,  and  whether  they  shall  have  been  put  in  use  or  not ;  to 
municipal  revenues  and  expenditures;  to  the  administration  of 
the  various  City  departments  having  charge  of  the  expenditure 
of  City  moneys;  to  the  administration  of  the  Tax  Department, 
and  to  the  wealth  and  indebtedness  of  the  City ;  and  also  a 
general  statement  of  the  Legislative  enactments  relating  to  the 
government  of  The  City  of  New  York. 

Limitation  of  expense  of  maintainin'^  the  Bureau  of  Municipal  Statistics. 

Sec.  138.  The  expenses  of  such  publications,  and  all  other 
expenses  of  the  Bureau  of  Municipal  Statistics,  shall  be  included 
in  the  annual  budget.  The  total  expense  of  maintaining  the 
Bureau  of  Municipal  Statistics,  including  salaries,  shall  not  ex- 
ceed in  any  one  year  the  sum  of  ten  thousand  dollars,  unless 
otherwise  provided  by  the  Board  of  Estimate  and  Apportion- 
ment and  the  Municipal  Assembly. 


56 


CHAPTER  VI. 


DEPARTMENT   OF   FINANCE. 


Title  1.  The  Comptroller. 

Title  2.  The  Bonds  and  Obligations  of  the  City. 

Title  3.  The  Chamberlain. 

Title  4.  The  Sinking  Funds. 

Title  5.     Appropriations  and  the  Board  of  Estimate  and 
Apportionment. 

Title  6.     Levying  Taxes. 

Title  1. 


THE   COMPTROLLER. 

General  duties :  Settlement  of  claims.  Assent  to  certain  contracts 
required.     Election.     Salary. 

Sec.  149.  The  finance  department  shall  have  control  of  the 
fiscal  concerns  of  the  corporation.  All  accounts  rendered  to  or 
kept  in  the  other  departments  shall  be  subject  to  the  inspection 
and  revision  of  the  officers  of  this  department.  It  shall  pre- 
scribe the  forms  of  keeping  and  rendering  all  city  accounts,  and, 
except  as  herein  otherwise  provided,  the  manner  in  which  all 
salaries  shall  be  drawn,  and  the  mode  by  which  all  creditors, 
officers  and  employees  of  the  corporation  shall  be  paid.  All  pay- 
ments by  or  on  behalf  of  the  corporation,  except  as  otherwise 
specially  provided,  shall  be  made  through  the  proper  disbursing 
officer  of  the  department  of  finance,  on  vouchers  to  be  filed  in 
said  department,  by  means  of  warrants  drawn  on  the  Chamber- 
lain by  the  Comptroller,  and  countersigned  by  the  Mayor.    The 

57 


Comptroller  may  require  any  person  presenting  for  settlement  an 
account  or   claim   for  any  cause  whatever,  against  the  corpora- 
*-ion,  to  be  sworn  before  him  touching  such  account  or  claim, 
and  when  so  sworn,   to  answer  orally  as  to  any  facts  relative  to 
the  justness  of  such  account  or  claim.     Wilfull  false  swearing  be- 
fore him  is  perjury,  and  punishable  as  such.      He  shall  settle  and 
adjust  all  claims  in  favor  of  or  against  the  corporation,  and  all 
accounts   in   which  the  corporation   is  concerned  as  debtor  or 
creditor;   but  in  adjusting   and  settling  such  claims,  he  shall,  as 
far  as  practicable,  be  governed  by  the  rules  of  law  and  principles 
of  equity  which  prevail  in  courts  of  justice.      The  power  hereby 
given  to  settle  and  adjust  such  claims  shall  not  be  construed  to 
give  such  settlement  and   adjustment  the   binding  effect   of    a 
judgment  or  decree,  nor  to  authorize  the  Comptroller  to  dispute 
the  amount  of  any  salary  established  by  or  under  the  authority 
of  any  officer  or  department  authorized   to  establish  the  same, 
nor  to  question  the  due  performance  of  his  duties  by  such  officer, 
except  when  necessary  to  prevent  fraud.     The  Comptroller  shall 
not  reduce  the  rate  of  interest  upon  any  taxes  or  assessments  be- 
low the  amount  fixed  by  law.      No  contract  hereafter  made,  the 
expense  of  the  execution  of  which  is   not  by  law  or  ordinance, 
in  whole  or  in  part,  to  be  paid  by  assessments  upon  the  property 
benefited,  shall  be  binding  or  of  any  force,  unless  the  Comptrol- 
ler shall  indorse  thereon  his  certificate  that  there  remains  unex- 
pended and  unapplied,  as  herein  provided,   a  balance  of  the  ap- 
propriation   or   fund    applicable   thereto,    sufficient  to   pay  the 
estimated  expense  of  executing  such  contract,   as  certified   by 
the  officer  making  the  same.      But  this  provision  shall  not  ap- 
ply to  work    done,    or   supplies    furnished,    not    involving    the 
expenditure     of    more     than     one     thousand     dollars,     unless 
the  same  is  required  by  law  to  be  done  by  contract  at  public 
letting.      It    shall    be    the    duty  of    the    Comptroller  to    make 
such    indorsement   upon   every   such   contract   so    presented   to 
him,  if  there  remains  unapplied  and   unexpended  such  amount 
so  specified  by  the  officer  making  the  contract,  and  to  thereafter 
hold  and  retain  such  sum  to   pay  the  expense  incurred  until  the 
said   contract  shall  be  fully  performed.     And  such  indorsement 

58 


shall    be    sufficient    evidence    of    such    appropriation     or  fund 
in  any  action.     The    Comptroller    shall    furnish   to    each   head 
of  departrnent,  weekly,  a  statement  of  the  unexpended  balances 
of  the  appropriation  for  his  department.     Wages  and   salaries, 
except  as  otherwise  provided  in  this  Act,  may  be  paid  upon 
pay-rolls,  upon  which  each  person  named  thereon  shall  separately 
receipt  for  the   amount  paid  to  such  person,  and  in  every  case 
of    payment    upon   a  pay-roll,   the   warrant  for  the    aggregate 
amount  of  wages  and   salaries   included   therein  may  be  made 
payable  to  the  superintendent,  foreman  or  other  officer  designa- 
ted for  the  purpose.     The  Comptroller  shall  enter  into,  upon 
behalf  of  The  City  of  New  York,  any  lease  authorized  by  the 
Commissioners  of  the  sinking  fund  of  property  leased  to  the  city. 
The  assent   of   the  Comptroller  shall  be  necessary  to  all  agree- 
ments hereafter  entered  into  by  any  city  officer  or  department 
for  the  acquisition  by  purchase  of   any  real  estate  or  easement 
therein,  when  such  an  agreement  involves  an  obligation  to   pay 
or  an  expenditure  of  any  money  on  behalf  of  the  city,  and  in 
any    proceedings  that    may  hereafter  be  had  to    acquire    real 
estate  or  hereditaments  for  or  on  behalf  of  the  corporation  of 
The  City  of  New  York,   before  an   award  shall   be   confirmed, 
imposing  an  obligation  upon  the  city^to  pay  any  moneys,  the 
Comptroller  shall  have   thirty  days'   notice  in  writing,    stating 
before  whom  and  at  what  time  such  proceeding  will  take  place. 
The  Comptroller  of  The  City  of  New  York  shall  be  elected  and 
shall  hold  office   as  provided   in  this  Act,   and  he  shall  receive 
an  annual  salary  of  ten   thousand  dollars. 

To  appoint  Deputy  Comptroller . 

Sec.  150.  The  Comptroller  shall  appoint,  and  for  cause  to  be 
stated  in  writing  and  published  in  the  City  Record,  at  pleasure 
remove,  a  Deputy  Comptroller.  The  said  Deputy  Comptroller 
shall,  in  addition  to  his  other  powers,  possess  every  power  and 
perform  all  and  every  duty  belonging  to  the  office  of  Comptroller, 
whenever  the  said  Comptroller  shall,  for  reasons  to  be  stated 
to  the  Mayor  in  writing  by  due  written  authority,  and  during 
a  period  of  time  not  extending  beyond  three  months,  nor 
beyond  his  term  of  office,  and  to  be  specified  in  such  authority, 

59 


designate  and  authorize  the  said  Deputy  Comptroller  to  pos- 
sess the  power  and  perform  the  duty  aforesaid,  and  such  designa- 
tion and  authority  shall  be  duly  filed  in  and  remain  of  record  in 
the  Department  of  Finance  and  in  the  Mayor's  ofifice.  The  said 
Deputy  Comptroller  shall  possess  the  like  authority  in  case  of 
the  disability  of  the  Comptroller,  upon  the  like  designation  of 
the  Mayor,  which  shall  be  filed  and  remain  of  record  as  afore- 
said ;  but  such  authority,  derived  from  a  designation  from  the 
Comptroller  or  the  Mayor,  may  at  any  time  be  terminated  in 
the  same  manner  as  it  was  created. 

Bureaus  of  the  Finance  Department. 

Sec.  151.      There  shall  be  five  bureaus  in  this  Department. 

1.  A  bureau  for  the  collection  of  revenue  accruing 
from  rents  and  interests  on  bonds  and  mortgages,  and 
revenue  arising  from  the  use  or  sale  of  property  belong- 
ing to  or  managed  by  the  city,  and  the  management  of  the 
markets,  the  stalls  or  stands  in  which  shall  be  rented  on 
permits,  to  be  issued  by  the  Comptroller,  all  of  such  per- 
mits heretofore  or  to  be  hereafter  issued  to  be  revocable 
by  the  Comptroller  for  good  and  sufificient  cause,  and  not 
otherwise,  which  shall  be  known  as  the  Bureau  for  the 
Collection  of  City  Revenue  and  of  Markets.  The  chief 
officer  of  such  bureau  shall  be  called  the  Collector  of 
City  Revenue  and  the  Superintendent  of  Markets. 

2.  A  bureau  for  the  collection  of  taxes,  the  chief 
officer  of  which  shall  be  called,  the  Receiver  of  Taxes. 
He  shall  receive  a  salary  at  the  rate  of  five  thousand 
dollars  per  annum. 

3.  A  bureau  for  the  collection  of  assessments,  and 
of  such  taxes,  assessments  and  water  rents  as  are  in  arrears, 
the  chief  officer  of  which  shall  be  called  the  Collector  of 
Assessments  and  Arrears.  He  shall  receive  a  salary  at 
the  rate  of  four  thousand  dollars  per  annum. 

4.  An  auditing  bureau,  which  under  the  supervision 
of  the  Comptroller  shall  audit,   revise  and   settle   all   ac- 

60 


counts    in    which    the    city    is    concerned,    as    debtor  or 
creditor,   and  the  chief  officers  whereof  shall   be   called 
Auditors   of   Accounts,  to  be  appointed  or  removed,  as 
shall    be    also    deputy    auditors,    at  the    pleasure  of    the 
Comptroller.     The  number  of  said  Auditors  and  Deputy 
Auditors,as  well  as  their  salaries,shall  be  such  as  the  Comp- 
troller shall  from  time  to  time  fix  and  determine.      During 
the   absence  of    either  or  any  or  all   of   said    auditors    of 
accounts,    from   illness  or  other  cause,  said  deputy  audi- 
tors  or  any    or  either  of    them   shall,    when  and  to  the 
extent    he    or    they    may    be    authorized   so   to  do  in 
writing    by    the    Comptroller,    perform  the    duties    and 
exercise  the  powers  of  either  or   of  any  or  of  all  of  the 
said   auditors    of    accounts.     The    said    auditing    bureau 
shall  keep  an    account  of  each  claim  for  and  against  the 
corporation,  and  of  the   sums   allowed    upon   each,   and 
certify  the  same  to  the  Comptroller,  with  the   reasons   for 
the  allowance.      The  Comptroller  may  detail  any  of  such 
Auditors  and  Deputy  Auditors  as  he  may  deem  proper  to 
the    borough    hall  of   the  Borough   of  Brooklyn,  to  the 
borough    hall    of    the    Borough    of  The    Bronx,    to    the 
borough  hall  of    the    Borough   of    Queens,    and  to   the 
borough  hall  of  the  Borough  of  Richmond,  in  addition  to 
such  as  may  be  in  the  chief  office  of   the   Comptroller  in 
the  Borough   of   Manhattan.     All   such   accounts  arising 
from  local  improvements  within  the  Borough  of  Brooklyn 
may  be  audited,  revised   and   settled  by  the   Auditor  or 
the    Auditors    of    Accounts    so  detailed  as  aforesaid   by 
the    Comptroller  in  the    borough    hall    of    the    Borough 
of  Brooklyn.     All  such   accounts  arising  from   local  im- 
provements within   the    Borough    of     Queens     may    be 
audited,  revised  and  settled  by  the  Auditor  or  Auditors 
of  Accounts  so  detailed  as  aforesaid  by  the  Comptroller 
in  the  borough   hall  of    the    Borough   of  Queens.       All 
such  accounts  arising  from  local  improvements  within  the 
Borough  of  Richmond  may  be  audited,  revised  and  settled 
by  the  Auditor  or  Auditors   of  Accounts   so  detailed  as 
aforesaid  by  the  Comptroller  in  the  borough  hall   of  the 

61 


Borough  of  Richmond.  And  all  such  accounts  arising 
from  local  improvements  within  the  Boroughs  of  Manhat- 
tan and  The  Bronx  may  be  audited,  revised  and  settled  by 
any  of  the  Auditors  of  Accounts  in  the  chief  office  of  the 
Comptroller  in  the  Borough  of  Manhattan,  or,  so  far  as 
the  Borough  of  The  Bronx  is  concerned,  in  the  office  to 
be  located  in  the  borough  hall  of  the  Borough  of  The 
Bronx,  and  the  Auditors  of  Accounts  may  have  such 
clerks  and  assistants,  examiners,  engineers,  inspectors  and 
employees  as  the  Comptroller  may  deem  necessary  and 
proper,  to  be  appointed  by  the  Comptroller.  The  num- 
ber of  said  appointees,  and  their  salaries,  shall  be  fixed 
and  determined  from  time  to  time  by  the  Comptroller. 

5.  A  bureau  for  the  reception  and  safe  keeping  of 
all  moneys  paid  into  the  Treasury  of  the  City,  and  for 
the  payment  of  money  on  warrants  drawn  by  the  Comp- 
troller and  countersigned  by  the  Mayor,  the  chief  officer 
of  which  shall  be  called  the  Chamberlain. 

Appointment  and  bond  of  Receiver  of  taxes  and  Collector  of  assess- 
ments  and  arrears. 

Sec.  152.  The  Comptroller  shall  appoint  the  Receiver  of  taxes 
and  the  Collector  of  assessments  and  arrears.  The  Receiver  of 
taxes  and  the  Collector  of  assessments  and  arrears  before  entering 
upon  the  duties  of  their  offices  shall  each  enter  into  a  bond  to 
the  City  of  New  York  to  be  approved  by  the  Chamberlain  and 
Comptroller  in  the  penal  sum  of  twenty-five  thousand  dollars, 
which  bond  shall  be  conditioned  for  |the  faithful  performance 
of  the  duties  of  the  office  by  the  officer  giving  such  bond. 
Every  such  bond  shall  be  a  lien  on  all  the  real  estate  held 
jointly  and  severally  by  the  said  Receiver  or  the  said  Collector 
executing  the  same,  as  the  case  may  be,  or  any  surety 
thereto  within  any  of  the  counties  embraced  in  the  City  of 
New  York  at  the  time  of  the  filing  thereof,  unless  there  be  named 
and  described  in  or  on  any  such  bond,  real  estate  in  one  or  more 
of  such  counties  equal  in  value  to  the  amount  of  said  bond  and 
owned    by  a  surety,   in  which  case  the  said    bond  shall  be  'a 

62 


lien  on  such  real  estate  so  described  and  upon  all  the  real 
estate  of  the  said  Receiver  or  Collector  as  the  case  may 
be,  and  no  other,  and  shall  continue  to  be  such  lien  until 
the  condition  together  with  all  costs  and  charges  which  may 
accrue  by  the  prosecution  thereof  shall  be  fully  satisfied,  not  to 
exceed  however  the  period  of  ten  years  after  the  expiration  of 
the  term  of  the  officer  who  has  given  such  bond,  unless  an  action 
thereon  has  been  commenced  and  shall  then  be  pending. 

Renewal  of  Bond. 

Sec.  153.  If  at  any  time  during  the  continuance  in  ofifice  of 
the  said  Receiver  of  taxes  or  of  any  of  the  Deputy  Receivers 
of  taxes  or  of  the  Collector  of  assessments  and  arrears  or 
of  any  of  the  Deputy  Collectors  of  assessments  and  arrears 
the  Comptroller  shall  deem  any  surety  of  them  or  either 
of  them  to  be  insufficient,  he  may  require  the  said  Re- 
ceiver or  any  Deputy  Receiver,  or  Collector  or  any  Deputy  Col- 
lector to  enter  into  a  new  bond  to  be  approved  in  like  man- 
ner as  herein  prescribed,  within  such  time  as  said  Comptroller 
may  direct,  not  being  less  than  ten  days  after  requiring 
such  new  bond  to  be  given ;  and  in  case  of  the  neglect 
or  refusal  of  any  such  officer  to  furnish  such  bond  within 
the  time  so  directed,  the  Comptroller  may  declare  his  office 
vacant. 

Accounts  of  Receiver  and  Collector  and  their  Deputies  to  be  examined. 

Sec.  154.  Upon  the  expiration  of  the  term  of  office  of  the  Re- 
ceiver of  Taxes  or  of  any  Deputy  Receiver  or  of  the  Collector  of 
Assessments  and  Arrears  or  of  any  Deputy  Collector,  and  within 
one  year  thereafter,  it  shall  be  the  duty  of  the  Comptroller  to  exam- 
ine the  accounts  of  such  Receiver  or  Collector  or  Deputy,  and  if 
found  correct  to  cause  a  certificate  to  that  effect  to  be  filed  with 
the  bond  of  such  officer,  and  such  certificate  so  filed  shall  be  a 
full  discharge  and  satisfaction  of  the  conditions  of  such  bond 
and  the  lien  or  liens  thereby  created.  And  if  at  any  time  dur- 
ing his  continuance  in  office  any  such  Receiver,  Collector,  or 
Deputy  Receiver,  or  Deputy  Collector  shall  execute  and  file  with 
the  Comptroller  a  new  bond  in  the  sam2  form  and  penalty  and 

63 


approved  as  provided  in  section  152,  it  shall  be  the  duty  of  the 
Comptroller  to  examine  and  adjust  the  accounts  of  such  Receiver 
or  Collector  or  Deputy,  to  the  date  of  such  filing,  and,  if  found 
correct,  to  cause  a  certificate  to  that  effect  to  be  filed  with  the 
bond  or  bonds  previously  filed  by  such  officer,  and  such  cer- 
tificate so  filed  shall  be  the  full  discharge  and  satisfaction  of  the 
condition  of  such  prior  bond  or  bonds  and  of  the  lien  or  liens 
thereby  created. 

Receiver  of  Taxes  and  Collector  of  Assessments  and  Arrears  ;  where 
to  keep  offices. 

Sec,  155,  The  Receiver  of  Taxes  and  the  Collector  of  Assess- 
ments and  Arrears  shall  each  have  his  chief  office  in  the  Borough 
of  Manhattan  at  such  places  as  shall  be,  from  time  to  time,  by 
ordinance  of  the  Municipal  Assembly  designated  for  that  purpose. 
Each  of  them  shall  also  have  an  office  in  the  Borough  of  Brook- 
lyn, in  the  Borough  of  The  Bronx,  in  the  Borough  of  Queens  and 
in  the  Borough  of  Richmond,  at  such  places  in  said  Boroughs  as 
shall  be  designated  by  the  Municipal  Assembly. 

Receivers  of  Taxes  and  Collector  of  Assessments  and  Arrears  may 
appoint  Deputies. 

Sec,  156.  The  Receiver  of  Taxes  and  the  Collector  of  Assess- 
ments and  Arrears  may  each  appoint  the  requisite  number  of  Dep- 
uty Tax  Receivers  and  of  Deputy  Collectors  of  assessments  and 
arrears  respectively.  Each  of  them  shall  take  from  each  Deputy  so 
appointed  by  him  a  bond,  in  such  penal  sum  and  with  such  sureties 
as  may  be  approved  by  him  and  by  the  Comptroller  and  Cham- 
berlain, which  bond  shall  run  to  the  Receiver  or  the  Collector,  as 
the  case  may  be,  the  City  of  New  York  and  to  whom  it  may 
concern,  and  shall  be  conditioned  for  the  faithful  performance  of 
the  duties  of  such  Deputy,  The  Receiver  of  Taxes,  and  his  sure- 
ties, shall  be  liable  for  the  acts  and  defaults  of  the  Deputy  Receiv- 
ers so  appointed  and  the  Collector  of  assessments  and  arrears,  and 
his  sureties,  shall  be  liable  for  the  acts  and  defaults  of  the  Deputy 
Collectors.  Each  bond  taken  in  pursuance  of  the  provisions  of 
this  section  shall  be  filed  with  the  Comptroller,      Each  Deputy 

64 


Receiver  of  taxes  shall  have  all  the  powers  and  be  subject  to  all 
the  duties  of  the  Receiver  of  taxes  in  respect  to  the  collection 
and  receipt  of  taxes,  and  each  Deputy  Collector  of  assessments 
and  arrears  shall  have  all  the  powers  and  be  subject  to  all  the 
duties  of  the  Collector  of  assessments  and  arrears  in  respect  to  the 
collection  of  assessments  and  arrears.  The  Deputy  Receiver  of 
taxes  and  Deputy  Collectors  of  assessments  and  arrears  shall  receive 
annual  salaries  to  be  fixed  by  the  Comptroller  in  his  discretion, 
within  the  limits  of  the  appropriation  made  therefor. 

Where  Taxes,  Assessments  and  Arrears  due  and  payable. 

Sec.  157.  Taxes,  assessments  and  arrears  due  upon  property 
within  the  Borough  of  Manhattan,  shall  be  payable  and  receiv- 
able at  the  main  offices  of  the  Receiver  of  taxes  and  of  the  Collector 
of  assessments  and  arrears  respectively,  in  said  Borough.  Taxes, 
assessments  and  arrears  due  upon  property  situated  in  every 
other  Borough  shall  be  payable  at  the  offices  of  said  Receiver  of 
taxes  or  Collector  of  assessments  and  arrears  respectively,  in 
the  Borough  in  which  said  property  is  situated. 

Bond  of  Receiver  and  Collector  to  be  filed. 

Sec.  158.  The  bonds  given  by  the  Receiver  of  Taxes  and 
the  Collector  of  assessments  and  arrears  as  hereinbefore  pro- 
vided shall  be  filed  and  remain  in  the  ofifice  of  the  Comptroller, 
and  true  copies  thereof,  certified  by  the  Comptroller,  shall  be 
filed  in  the  office  of  the  Clerk  of  each  of  the  Counties  wholly  or 
partly  embraced  within  the  City  of  New  York  and  shall  be  pub- 
lic records.  In  case  a  certificate  of  the  adjustment  of  the  accounts 
of  any  Receiver  or  Collector  be  made  as  hereinbefore  provided, 
a  true  copy  thereof,  certified  by  the  Comptroller,  shall  be  filed 
in  each  of  the  offices  in  which  a  copy  of  the  bond  of  said  Re- 
ceiver or  Collector  shall  have  been  filed. 

Assessment  lists  to  be  filed. 

Sec.  159.  There  shall  be  kept  in  the  office  of  the  Comptroller 
a  full  and  complete  record,  in  detail,  of  all  lists  of  assessments 
confirmed,   whether   by  the   Supreme    Court,   or  the  Board   of 

65 


Revision  or  the  Board  of  Assessors,  with  the  date  of  confirma- 
tion and  the  date  of  entry  under  such  record,  which  record  shall 
be  open  to  inspection  during  office  hours,  and  the  same  shall 
be  received  as  presumptive  evidence  of  the  facts  therein  contained. 
An  assessment  shall  become  a  lien  upon  thejreal  estate  affected 
thereby,  immediately  upon  its  entry  in  the  said  record.  If  any 
such  assessment  list  affects  property  situated  in  any  Borough, 
other  than  the  Borough  of  Manhattan,  a  copy  of  such  list  shall 
forthwith  be  transmitted  to  and  filed  in  the  office  of  the  Collector 
of  assessments  and  arrears  in  the  Borough  in  which  is  situated 
the  property  so  affected. 

Comptroller  to  appoint  clerks  and  assistants. 

Sec.  160.  The  Comptroller  shall  appoint  as  many  clerks  and 
assistants  to  the  Receiver  of  Taxes  and  the  Collector  of  Assess- 
ments and  Arrears  as  may  be  necessary,  and  shall  designate  the 
Boroughs  in  which  they  shall  respectively  perform  their  duties, 
and  shall,  within  the  limits  of  the  appropriation  therefor,  fix 
their  salaries. 

Publicatioti  of  Financial  Statement. 

Sec.  161.  It  shall  be  the  duty  of  the  Comptroller  to 
publish  in  the  City  Record  and  corporation  newspapers,  two 
months  before  the  election  of  municipal  officers,  a  full  and 
detailed  statement  of  the  receipts  and  the  expenditures  of 
the  corporation  during  the  two  years  ending  on  the  first  day  of 
the  month  in  which  said  publication  is  made,  and  the  cash 
balance  or  surplus;  and  in  every  such  statement  the  different 
sources  of  city  revenue,  and  the  amount  received  from  each,  the 
several  appropriations  made,  the  objects  for  which  the  same 
were  made,  and  the  amount  of  moneys  expended  under  each, 
the  money  borrowed  on  the  credit  of  the  corporation,  the  au- 
thority under  which  each  loan  was  made,  and  the  terms  on 
which  the  same  was  obtained,  shall  be  clearly  and  particularly 
specified. 

Application  of  certain  moneys. 

Sec.   162.     It  shall   be  lawful  for  the  Comptroller  to  apply 

66 


the  moneys  accruing  for  interest  on  the  sales  of  lands  in  said  city 
for  unpaid  taxes,  assessments  and  Croton  water  rents,  or  so  much 
thereof  as  shall  be  required,  to  the  account  or  fund  desig- 
nated '*  lands  purchased  for  taxes  and  assessments,"  such  moneys 
to  be  used  for  purchases  by  the  corporation  at  such  sales. 

Dedication  of  certain  lands  for  markets. 

Sec.  163.  The  lands  in  the  ninth  ward  of  that  part  of  the 
corporation  heretofore  known  as  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York,  bounded  on  the 
north  by  Bloomfield  street,  on  the  south  by  Gansevoort 
street,  on  the  east  by  West  street  and  Tenth  avenue,  and  on  the 
west  by  Thirteenth  avenue,  being  a  portion  of  the  lands  hereto- 
fore set  apart  by  law  for  use  as  a  market-place,  are  hereby  dedi- 
cated to  market  purposes,  and  shall  be  used  and  occupied  as 
such  in  the  manner  that  may  be  designated  and  prescribed  by 
the  commissioners  of  the  sinking  fund,  who  shall  have  full  power 
and  authority  in  respect  thereto.  Said  commissioners  of  the 
sinking  fund  may,  in  their  discretion,  lease  said  lands  to  be 
used  for  public  market  purposes  for  such  term  of  years,  with 
such  covenants,  and  for  such  annual  rental,  as  in  their  judg- 
ment shall  be  for  the  best  interests  of  the  city,  or  may  prepare 
the  same  for  use  as  a  public  market.  The  block  of  ground  in 
said  ward  bounded  on  the  north  by  Little  Twelfth  street,  on  the 
south  by  Gansevoort  street,  on  the  east  by  Washington  street, 
and  on  the  west  by  West  street  and  Tenth  avenue,  is  hereby 
declared  to  be  a  public  market-place,  and  subject  to  the  pro- 
visions of  section  205  of  this  Act,  shall  be  kept  for  the 
exclusive  use  of  farmers  and  market  gardeners.  The  Department 
of  Finance  shall  have  sole  charge  and  control  of  said  public 
market-place  and  of  the  wagons  employed  in  the  business  of 
selling  farm  and  garden  produce  in  said  city,  and  shall  have 
power  to  make  suitable  regulations  concerning  fees,  the  hours 
during  which  the  said  business  shall  be  conducted,  and  the 
general  management  of  the  same. 


67 


Title  2. 


THE   BONDS   AND    OBLIGATIONS   OF   THE    CITY. 

Corporate  stock  of  The  City  of  New   York.    How  issued.       Pro" 
visions  as  to  bonded  indebtedness. 

Sec.  169.  All  bonds  issued  by  The  City  of  New  York  on  and 
after  January  1st,  1898,  in  pursuance  of  laws  already  passed  or 
which  may  hereafter  be  passed,  or  in  pursuance  of  the  provisions 
of  this  Act,  excepting  assessment  bonds  and  revenue  bonds, 
shall  be  known  as  "Corporate  Stock  of  The  City  of  New  York." 
For  the  redemption  and  payment  of  said  corporate  stock  and  the 
interest  thereon,  the  faith  and  credit  of  The  City  of  New  York  shall 
be  and  is  hereby  pledged.  Such  corporate  stock  shall  be  in 
such  form  as  may  be  designated  by  the  Comptroller,  and  shall 
be  signed  by  the  said  Comptroller  and  the  Mayor  of  The  City  of 
New  York,  and  sealed  with  the  common  seal  of  The  City  of 
New  York,  and  attested  by  the  City  Clerk.  Such  corporate 
stock  shall  be  in  coupon  form  in  sums  not  less  than  five  hun- 
dred dollars  each  share,  or  shall  be  registered,  and  shall  be  con- 
ditioned to  be  paid  in  gold  coin,  or  in  the  legal  currency  of  the 
United  States,  at  the  option  of  the  Commissioners  of  the 
Sinking  Fund,  and  shall  be  made  redeemable  at  a  period 
of  not  less  than  ten,  nor  more  than  fifty  years  from  the 
date  thereof ;  provided,  however,  that  such  stock  when  issued 
to  provide  for  the  supply  of  water  shall  always  be  issued 
in  the  manner  provided  by  section  10  of  Article  VIII,  of 
the  Constitution  of  the  State  of  New  York.  Such  corpor- 
ate stock  and  all  assessment  bonds  and  revenue  bonds, 
as  well  as  all  bonds  hereafter  to  be  issued  by  The  City  of 
New  York  by  virtue  of  this  Act  or  of  any  other  Act,  whether 
general  or  special,  shall  be  free  and  exempt  from  all  taxation, 
except  for  state  purposes.  The  interest  on  such  corporate  stock 
and  on  all  other  bonds  of  the  corporation,  except  revenue  bonds, 
shall  not  exceed  four  per  centum  per  annum,  and  shall  be  made 
payable  quarterly,  or  semi-annually,  in  The  City  of  New  York, 
or  at  such  other  place  as  may  be  fixed  by  the  said  Comptroller  at 

68 


the  time  of  issue  of  said  stock  or  bonds ;  provided,  however,  that 
the  interest  on  revenue  bonds,  issued  in  anticipation  of  the 
collection  of  taxes  may  be  made  payable  at  the  date  of  the 
maturity  thereof. 

Corporate  Stock  of  The  City  of  New  York  issued  in  pur- 
suance of  laws  already  passed  or  which  may  be  hereafter  passed, 
or  in  pursuance  of  the  provisions  of  this  Act,  shall  be,  unless 
otherwise  provided  by  this  Act,  issued  by  the  Comptroller 
only  to  the  extent  to  which  he  may  be  thereunto  authorized 
by  resolution  of  the  Municipal  Assembly  and  the  Board  of 
Estimate  and  Apportionment  adopted  by  vote  as  provided  for 
in  this  Act;  provided,  however,  that  wherever  by  existing 
provisions  of  law,  or  by  the  provisions  of  this  Act,  the 
Commissioners  of  the  Sinking  Fund  may  be  specifically  author- 
ized to  provide  for  the  issue  of  stocks  or  bonds,  said  authoriza- 
tion of  the  Comptroller  shall  be  made  by  said  Commissioners 
instead  of  the  said  Municipal  Assembly  and  said  Board  of  Esti- 
mate  and  Apportionment,  and  provided,  further,  that  whenever 
the  amount  of  stocks  or  bonds  required  to  be  issued  in  pursuance 
of  any  law  for  any  one  purpose  in  any  year  shall  not  exceed  the 
sum  of  one  hundred  thousand  dollars,  the  Comptroller  may  issue 
such  bonds  when  thereunto  authorized  by  the  vote  of  a  majority 
of  the  Board  of  Estimate  and  Apportionment. 

Issue  of  Stock  or  Bonds  by  The  City  of  New  York  to  take  the  place 
of  bonds  authorized  to  be  issued  by  laws  enacted  prior  to  Janu- 
ary 1st,  1898. 

Sec.  170.  Whenever,  and  to  the  extent  to  which,  it  may  be 
lawful  for  the  municipal  or  public  corporations  or  parts  thereof, 
including  the  Counties  of  Kings  and  Richmond,  which  by  this 
Act  are  made  part  of  the  corporation  of  The  City  of  New  York, 
to  issue  for  public  purposes  bonds  pursuant  to  laws  enacted  prior 
to  January  1st,  1898,  it  shall  be  lawful  for  The  City  of  New 
York,  as  hereby  constituted,  to  issue  corporate  stock  as  herein 
provided  for  the  same  purposes;  provided,  however,  that  the 
amount  so  to  be  issued  shall  not  in  any  one  case  exceed  the 
balance  remaining  unissued  of  the  amount  limited  to  be  issued 
pursuant  to  the    authority  of    said    laws.      In    similar   instances 

69 


assessment  bonds  and  revenue  bonds  of  The  City  of  New  York, 
as  hereby  constituted,  may  likewise  be  so  issued,  subject  to  the 
same  limitations  as  to  the  amount  thereof. 

Bonds  to  be  issued  in  sums  of  ten  dollars  or  any  multiple  thereof. 

Sec.  171.  Whenever  it  shall  be  lawful  to  issue  any  bonds 
of  The  City  of  New  York,  as  constituted  by  this  Act,  the  same, 
when  issued  in  registered  form,  may  be  issued  in  denominations 
of  ten  dollars  or  any  multiple  thereof.  Preference  shall,  as  far 
as  practicable,  and  without  pecuniary  disadvantage  to  the  said 
City  of  New  York,  be  given  to  applicants  for  the  smallest  amounts 
and  smallest  denominations  of  said  bonds  in  issuing  the  same. 

Registration  of  stocks  and  bonds. 

Sec. 172.  All  stocks  and  bonds  heretofore  lawfully  issued  by  any 
of  the  municipal  or  public  corporations  or  parts  thereof,  which 
have  heretofore  been  annexed  to  or  consolidated  with  the  corpora- 
tion known  as  the  Mayor,  Aldermen,  and  Commonalty  of  the  City 
of  New  York,  or  which  by  this  Act  are  made  part  of  the  corpor- 
ation of  The  City  of  New  York,  as  hereby  constituted,  including 
the  Counties  of  Kings  and  Richmond,  for  the  payment  of  the 
principal  and  interest  of  which  the  City  of  New  York  is  liable, 
may  be  registered  and  must  be  recorded  by  the  owners 
thereof  in  the  Comptroller's  office  in  said  City,  and  shall  be 
transferable  at  the  pleasure  of  the  holder,  either  in  person  or  by 
attorney,  only  upon  the  books  of  the  corporation  in  said  office, 
and  subject  to  such  reasonable  rules  and  regulations  as  the 
Comptroller  may  prescribe ;  such  registry  and  transfer  to  be 
endorsed  thereon  by  the  Comptroller.  Whenever  such  stocks  or 
bonds  have  been  issued  in  coupon  form,  and  whenever  hereafter 
corporate  stock  of  The  City  of  New  York  may  be  so  issued,  it 
shall  be  the  privilege  of  the  holders  thereof  at  any  time,  subject 
to  such  rules  and  regulations  to  convert  the  same  into  registered 
stock  or  bonds,  and  the  Comptroller  is  hereby  authorized  to  issue 
registered  stock  or  bonds  therefor  in  the  manner  and  form  in 
which  the  same  would  have  been  conditioned  if  originally  issued 
in  registered  form.  The  interest  on  all  such  stocks  and  bonds 
when  so  registered  shall,  as  the  same  becomes  due  and  payable, 

70 


be  paid  in  like  manner  as  upon  other  registered  stock  and  bonds 
of  The  City  of  New  York;  and  whenever  any  such  stocks  or 
bonds  have  coupons  attached,  the  Comptroller  shall,  upon 
registration  thereof,  have  authority  to  detach  all  coupons 
therefrom,  and  shall  thereupon  endorse  the  fact  of  such  registra- 
tion, with  a  reference  to  this  section. 

Fund  for  street  and  park  openings. 

Sec.  173.  The  fund  heretofore  established  and  accumulated 
in  the  treasury  of  the  corporation  known  as  the  Mayor,  Alder- 
men and  Commonalty  of  the  City  of  New  York,  entitled  the 
"Fund  for  Street  and  Park  Openings,"  shall  be  continued  in  the 
corporation  of  The  City  of  New  York,  as  hereby  constituted. 
The  said   fund   for  street   and   park  openings  shall  consist  of : 

1.  Whatever  cash  balance  in  said  fund  may  upon  Janu- 
any  1st,  1898,  be  on  deposit  in  the  treasury  of  the  cor- 
poration known  as  the  Mayor,  Aldermen  and  Common- 
alty of  the  City  of  New  York. 

2.  Whatever  cash  balances  there  may  be  on  January 
1st,  1898,  in  the  treasuries  or  standing  to  the  credit  of 
the  several  municipal  or  public  corporations  or  parts 
thereof  which  by  this  Act  are  made  part  of  the  corpora- 
tion of  The  City  of  New  York,  and  which  said  cash  bal- 
ances may  be  applicable  to  the  payment  of  damages 
awarded  by  the  Commissioners  of  Estimate  and  Assess- 
ment in  reports  heretofore  confirmed  or  hereafter  to 
be  confirmed  in  proceedings  taken  to  open  any  street, 
road,  avenue,  boulevard,  public  square  or  place,  park  or 
park-way,  or  to  acquire  title  to  land  required  for  any 
bridge,  tunnel  or  approach  thereto,  and  all  the  costs  and 
expenses  of  such  proceedings  heretofore  or  hereafter  taxed. 

3.  Such  sums  as  may  be  raised  by  taxation  in  The 
City  of  New  York,  and  the  proceeds  of  such  bonds  as  may 
be  issued  as  by  this  Act  provided  to  meet  the  expense,  in 
whole  or  in  part,  of  any  of  the  objects  and  purposes  in 
the  preceding  subdivision  of  this  section  specified. 

71 


4.  All  moneys  hereafter  collected  by  The  City  of  New 
York,  as  hereby  constituted,  for  or  on  account  of  assess- 
ments made  and  confirm.ed  and  hereafter  to  be  made  and 
confirmed  for  opening  any  street,  road,  avenue,  boulevard, 
public  square  or  place,  park  or  parkway,  or  for  acquiring 
title  to  land  required  for  any  bridge,  tunnel  or  approach 
thereto,  wholly  or  partly  within  the  limits  of  the  several 
municipal  or  public  corporations  or  parts  thereof,  which  by 
this  Act,  are  made  part  of  the  corporation  of  The  City  of 
New  York. 

Damages,  etc.,  to  be  paid  from  said  fund. 

Sec.  174.  From  the  said  fund  for  street  and  park  openings, 
and  not  otherwise,  shall  be  paid  all  damages  awarded  by  the 
Commissioners  of  Estimate  and  Assessment  in  reports  hereafter 
or  heretofore  confirmed  in  proceedings  taken  to  open  any  street, 
road,  avenue,  boulevard,  public  square  or  place,  park  or  park- 
way, or  to  acquire  title  to  land  required  for  any  bridge,  tunnel, 
or  approach  thereto  in  The  City  of  New  York,  as  hereby  consti- 
tuted, and  all  the  costs  and  expenses  of  such  proceedings 
heretofore  or  hereafter  taxed.  The  person  or  persons  to  whom 
awards  shall  be  made  in  such  proceedings,  wherein  reports  are 
or  have  been  confirmed,  and  the  person  or  persons  in  whose 
favor  costs  and  expenses  may  be  or  have  been  taxed,  shall  not 
have  an  action  at  law  against  The  City  of  New  York  for  such 
awards,  costs  or  expenses,  but  may  require  the  officers  of  said 
City  to  raise,  as  hereafter  provided,  the  money  necessary  to 
enable  the  Comptroller  to  pay  such  awards,  costs  and  expenses 
from  the  said  fund,  and  thereafter  compel  the  payment  of  such 
damages,  costs  and  expenses  from  such  fund.  Whenever  the 
amount  of  the  damages  awarded  in  any  report,  together  with 
the  costs  of  the  Commissioners  and  the  charges  and  expenses, 
shall  exceed  the  balance  remaining  in  said  fund  after  deducting 
all  outstanding  claims  against  said  balance,  the  Comptroller  is 
authorized  to  raise  by  the  issue  and  sale  of  revenue  bonds  such 
amounts  as  shall  be  necessary  to  pay  such  damages,  costs  and 
expenses;  provided,  however,  that  in  each  and  every  case  in 
which  by  virtue  of  any  existing  statute  or  any  statute  hereaftei 

72 


enacted,  or  by  virtue  of  any  act  or  resolution  heretofore  or  here- 
after adopted  by  any  Board  or  body  pursuant  to  any  statute,  the 
whole  or  any  portion  of  the  awards  made  in  any  proceeding, 
and  of  the  costs  and  expenses  thereof,  are  payable  out  of  the 
fund  for  street  and  park  openings  and  are  not  to  be  assessed 
upon  the  property  benefited,  but  are  to  be  borne  and  paid  by 
The  City  of  New  York,  the  Board  of  Estimate  and  Apportion- 
ment may,  in  its  discretion,  by  a  majority  vote,  direct  that  the 
amount  so  to  be  borne  and  paid  by  said  City  of  New  York  shall 
be  raised  by  the  issue  and  sale  of  corporate  stock  of  The  City  of 
New  York,  and  the  Comptroller  shall  thereupon  issue  and  sell 
said  stock  at  such  times  and  in  such  amounts  as  may  be  neces- 
sary, and  shall  pay  the  proceeds  thereof  into  said  fund  for  street 
and  park  openings. 

Replenishment  of  said  fund. 

Sec,  175.  The  Corporation  Counsel  shall  furnish  to  the 
Board  of  Estimate  and  Apportionment  in  each  year,  at  the  time 
of  making  the  estimate  for  the  ensuing  year,  a  list  of  all  reports 
confirmed  for  the  twelve  preceding  months  with  a  statement 
of  the  amount  of  awards  and  costs  taxed  in  each  proceed- 
ing. The  Comptroller  shall  at  the  same  time  furnish  to  the  said 
Board,  statements  of  the  amount  of  such  awards  and  costs  already 
paid,  and  of  the  amounts  due  for  awards  and  costs  payable  from 
the  said  fund  and  still  unpaid,  and  of  the  amounts  of  revenue 
bonds  then  outstanding,  issued  in  pursuance  of  the  last  preceding 
section, and  of  the  balance  in  the  treasury  to  the  credit  of  the  said 
fund.  The  Municipal  Assembly  and  the  said  Board  shall  thereupon 
include  in  the  annual  budget  for  the  ensuing  year  a  sum  suffic- 
ient, with  such  balance,  to  pay  all  claims  for  the  awards  and 
costs  in  all  proceedings  in  which  reports  shall  have  been  prior  to 
that  time  confirmed,  and  which  awards  shall  not  then  have  been 
paid,  and  also  a  sum  sufficient  to  pay  and  discharge  the  revenue 
bonds  then  outstanding  and  issued  in  pursuance  of  the  last  pre- 
ceding section. 

Payment  of  assessments  imposed  upon  The  City  of  New  York. 

Sec.  176.      It  shall  be  the  duty  of  and  lawful  for  the  Comp- 

73  .  ,  v':'.:--;"^:;f  <:.,., 

-SITTl 


troller  when  thereto  authorized  by  the  Municipal  Assembly  and 
the  Board  of  Estimate  and  Apportionment  to  issue  such 
amounts  of  the  corporate  stock  of  The  City  of  New  York 
as  shall  be  necessary  to  provide  the  funds  to  enable  said 
Comptroller  to  pay  any  and  all  assessments  and  expenses 
imposed,  or  that  may  hereafter  be  imposed  upon  The  City 
of  New  York,  by  reason  of  the  laying  out,  opening,  regulat- 
ing and  grading  or  improving  any  and  all  streets,  roads, 
avenues,  public  parks,  squares  or  places,  and  out  of  the  proceeds 
of    said    stock  to    pay    such    assessments    and    expenses. 

Disposition  of  moneys  received  from  certain  assessments. 

Sec.  177.  The  moneys  collected  upon  the  assessments  laid 
by  the  Commissioners  of  Estimate  and  Assessment,  appointed 
in  pursuance  of  sections  670  to  678  inclusive  of  Chapter  410 
of  the  Laws  of  1882,  as  amended,  shall  be  applied  toward 
the  payment  of  the  fund  or  stock  authorized  by  Section  140  of 
Chapter  410  of  the  Laws  of  1882,  or  to  the  payment  of  said 
awards  and  expenses,  if  received  before  the  issue  of  said  fund 
or  stock. 

Expenses  relating  to  the  water  supply :     How  to  he  met. 

Sec.  178.  It  shall  be  the  duty  of  the  Comptroller,  and  he  is 
hereby  authorized  and  directed  when  thereto  authorized  by  the 
Municipal  Assembly  and  the  Board  of  Estimate  and  Apportion- 
ment, on  requisition  of  the  Commissioner  of  Water  Supply,  to 
raise,  from  time  to  time,  on  the  issue  of  corporate  stock  of 
The  City  of  New  York,  amounts  of  money  sufficient  to 
pay  the  sums  which  may  be  necessary  from  time  to  time 
to  be  paid  for  the  acquisition  of  any  real  estate,  or  for  the 
extinguishment  of  any  right,  title,  or  interest  therein  to  be 
acquired  or  extinguished  under  the  provisions  of  the  laws 
relating  to  the  supply  of  water  to  the  city,  together  with 
all  expenses  necessarily  incurred  in  surveying,  locating  and 
acquiring  title  to  such  real  estate,  or  extinguishing  claim 
for  damages  thereto ;  and  also  all  such  sums  as,  from  time 
to  time,  may  be  found  necessary  for  the  construction  of  aque 
ducts,  reservoirs,  dams,   sluices,  canals  and  appurtenances;   and 

74 


all  such  payments  shall  be  made  by  the  Comptroller  on  the  certifi- 
cate of  the  Commissioner  of  Water  Supply ;  provided,  however, 
that  the  amount  so  raised  shall  not  in  any  one  year  exceed  the 
limitations  which,  by  law,  may  be  or  may  have  been  imposed  as 
to  the  amount  of  expenditure  to  be  made  therefor. 

Bonds  for  drains. 

Sec.  179.  It  shall  be  the  duty  of  the  Comptroller,  when 
thereto  authorized  by  the  Board  of  Estimate  and  Apportionment, 
to  issue  assessment  bonds  in  behalf  of  The  City  of  New  York,  to 
an  amount  sufficient  to  raise  the  sum  necessary  to  pay  any  damages 
that  may  from  time  to  time  be  awarded  to  the  owners  of  lands  for 
the  right  of  way  required  for  drains  and  for  the  expense  of  plans 
and  surveys  and  the  fees  of  commissioners.  The  proceeds  of 
such  bonds  shall  be  paid  into  the  Street  Improvement  Fund, 
from  which  fund  payments  as  aforesaid  shall  be  made,  and 
assessments  collected  on  account  thereof  shall  be  paid  into 
said  Street  Improvement  Fund. 

Expenses  of  the  Department  of  Docks  and  Ferries  :  How  met. 

Sec.  180.  The  Comptroller  shall,  from  time  to  time,  when 
directed  by  the  Commissioners  of  the  Sinking  Fund,  issue  corpor- 
ate stock  of  The  City  of  New  York  for  the  purpose  of  raising 
the  money  necessary  to  carry  out  the  provisions  of  Title  1  of 
chapter  XVI  of  this  Act,  relating  to  the  Department  of  Docks  and 
Ferries,  its  powers  and  duties.  Not  more  than  three  million  dol- 
lars of  such  stock  shall  be  issued  in  any  one  year;  provided,  how- 
ever, that  there  may  also  be  issued  an  additional  amount  of  such 
stock,  equal  to  the  balance  remaining  unissued  of  the  amount  of 
Dock  Bonds  authorized  to  be  issued  by  the  provisions  of  chapter 
246  of  the  Laws  of  1896.  The  moneys  received  from  sales  of  such 
stocks  shall  be  deposited  in  the  treasury  of  the  city  and  shall 
be  drawn  out  and  paid  by  the  Comptroller  of  said  city  for 
the  several  objects  and  purposes  provided  in  said  title,  relating 
to  the  said  department,  its  powers  and  duties,  upon  the  requisi- 
tion of  the  Board  of  Docks  countersigned  by  the  Commissioners 
of  the  Sinking  Fund.     The  expenses  and  compensation  of  said 

75 


Board,  its  rents,  the  compensation  of  its  appointees,  the 
purchase  money  and  damages  awarded  upon  the  acquisition 
of  private  property,  the  payments  under  the  contracts  author- 
ized in  said  title  and  for  work  performed  under  the  same,  and 
all  other  expenses  and  disbursements  necessarily  incurred  in 
carrying  out  the  said  provisions  of  said  title  in  keeping,  main- 
taining, repairing,  building  and  rebuilding  the  wharves  belong- 
ing to  the  said  corporation,  in  dredging  and  cleaning  slips,  shall 
be  paid  out  of   said  moneys  in  the  manner  above  provided. 

Assessment  bonds. 

Sec.  181.  It  shall  be  lawful  for  the  Comptroller,  when 
authorized  by  the  Board  of  Estimate  and  Apportionment 
to  issue  assessment  bonds,  at  not  less  than  par,  for  such 
periods  as  said  Comptroller  may  determine,  not  exceeding  ten 
years,  and  bearing  interest  at  a  rate  not  exceeding  four  per 
cent,  per  annum,  to  provide  the  means  necessary  to  pay  all 
expenses  incurred  or  to  be  incurred  on  account  of  regulating 
and  paving  streets,  building  sewers,  and  all  other  work  ordered 
to  be  done  by  contract,  by  virtue  of  ordinances  which  may  be 
hereafter  passed  by  the  Municipal  Assembly  of  The  City  of  New 
York,  the  expense  whereof  is  to  be  collected  by  assessment 
from  the  property  benefited  by  said  work  or  works,  or  on 
account  of  any  local  improvement  or  other  public  work  hereto- 
fore made  or  performed,  or  that  shall  hereafter  be  made  or  per- 
formed under  and  by  virtue  of  the  authority  of  any  law  in  all 
cases  in  which  the  said  expense  is  to  be  paid  in  whole  or  in  part 
by  assessment  upon  the  property  benefited.  No  moneys  shall  be 
paid  out  of  the  proceeds  of  said  bonds  on  account  of  any  contract 
hereinbefore  referred  to,  until  a  copy  of  said  contract  has  been 
filed  with  the  Comptroller  of  said  city  by  the  head  of  the  depart- 
ment or  board  having  such  work  in  charge,  and  also  a  certifi- 
cate in  writing  from  the  head  of  such  department  or  Board, 
stating  that  a  payment  is  due,  and  the  amount  of  such  payment. 
On  work  contracted  for  subsequent  to  May  seventh,  eighteen 
hundred  and  seventy-two,  or  hereafter  contracted  for,  no  interest 
shall  be  charged  on  the  monthly  or  other  intermediate  payments 

76 


to  any  contractor,  and  thirty  per  centum,  and  no  more,  shall 
be  reserved  from  the  amount  or  value  of  work  specified  and 
certified  from  time  to  time  to  the  Comptroller  of  said  city, 
by  the  proper  ofificer,  to  have  been  done  by  any  contractor ;  and 
such  reserved  thirty  per  centum  shall  be  paid  to  such  contractor 
on  or  before  the  expiration  of  thirty  days  from  the  completion 
and  acceptance  of  the  work. 

The  fund  heretofore  created  by  the  corporation  known  as  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
known  as  the  "Street  Improvement  Fund,"  shall  be  continued, 
and  into  such  fund  shall  be  paid  the  proceeds  of  the  sale  of 
assessment  bonds  as  by  this  section  authorized,  and  of  such  bonds 
as  may  by  other  provisions  of  law  be  authorized  to  be  issued  for 
similar  purposes  within  the  territory  of  The  City  of  New  York, 
as  hereby  constituted,  and  for  the  payment  of  the  expense  of 
which  the  said  City  may  in  the  first  instance  become  liable,  as 
well  as  the  cash  balances  of  assessments  already  collected,  or  to 
be  hereafter  collected,  on  account  of  similar  contracts  duly  entered 
into  by  the  proper  authorities  of  the  several  municipal  or  public 
corporations,  or  parts  thereof,  which  by  this  Act  are  consolidated 
with  the  corporation  known  as  the  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York. 

Proposals  for  bonds  and  stock  hereafter  issued  or  purchased. 

Sec.  182.  Whenever  any  bonds  or  stocks  shall  be  hereafter 
issued,  other  than  revenue  bonds,  or  such  bonds  and  stocks  as  may 
be  purchased  for  investment  by  the  Commissioners  of  the  Sink- 
ing Fund,  the  Comptroller  shall  invite  proposals  therefor  by  pub- 
lic advertisement,  for  not  less  than  ten  days,  and  shall  award 
the  same  to  the  highest  bidder  or  bidders  therefor ;  provided  that 
no  proposals  for  bonds  or  stocks  shall  be  accepted  for  less  than 
the  par  value  of  the  same ;  and  said  proposals  shall  be  only  pub- 
licly opened  by  the  Comptroller,  in  the  presence  of  the  Com- 
missioners of  the  Sinking  Fund,  or  such  of  them  as  shall  attend. 
Every  bidder,  as  a  condition  precedent  to  the  reception  or  con- 
sideration of  his  proposal,  shall  deposit  with  the  Comptroller  a 
certified  check,  drawn  to  the  order  of  said  Comptroller  upon 
one  of  the  state  or  national  banks  of  the  said  city,  or  a  sum  of 

77 


money;  such  check  or  money  to  accompany  the  proposal  to  an 
amount  to  be  fixed  by  the  Comptroller  not  exceeding  two  and  one 
half  per  centum  of  the  amount  of  the  proposal.  Within  three  days 
after  the  decision  as  to  who  is  or  are  the  highest  bidder  or  bidders, 
the  Comptroller  shall  return  all  deposits  made  to  the  persons  mak- 
ing the  same,  except  the  deposit  made  by  the  highest  bidder  or  bid- 
ders, and  if  the  said  highest  bidder  or  bidders  shall  refuse  or  neglect, 
within  five  days  after  service  of  written  notice  of  the  award  to 
him  or  them,  to  pay  to  the  City  Chamberlain  the  amount  of  the 
stocks  or  bonds  awarded  to  him  or  them  at  their  par  value,  to- 
gether with  the  premium  thereon,  less  the  amount  deposited  by 
him  or  them,  the  amount  or  amounts  of  deposit  thus  made 
shall  be  forfeited  to  and  retained  by  said  city  as  liquidated 
damages  for  such  neglect  or  refusal,  and  shall  thereafter  be  paid 
into  the  sinking  fund  of  The  City  of  New  York  for  the  redemp- 
tion of  the  city  debt. 

Expenses  of  restoring  street  pavements  ;  how  met. 

Sec.  183.  The  moneys  which  the  Comptroller  is  authorized 
to  pay  pursuant  to  the  provisions  of  section  525  of  this  Act 
shall  be  obtained  by  him  from  time  to  time,  as  may  be  necessary, 
by  the  sale  of  assessment  bonds  as  provided  by  section  181  of  this 
Act.  The  money  collected  pursuant  to  the  provisions  of  said 
section  525  shall  be  set  apart,  when  collected,  as  a  trust  fund, 
and  applied  to  the  redemption  of  the  principal  and  interest  of 
said  bonds. 

Redemption  of  certain  bonds  payable  from  collection  of  assessments. 

Sec.  184.  If  at  any  time  hereafter  the  amount  in  the  treas- 
ury of  the  city  derived  from  collections  of  assessments  shall  be 
insufficient  to  meet  and  pay,  when  they  become  due  and  pay- 
able, any  bonds  issued  by  The  City  of  New  York,  as  hereby 
constituted,  or  any  bonds  heretofore  issued  by  any  of  the  munici- 
pal or  public  corporations  or  parts  thereof  hereby  consolidated 
into  The  City  of  New  York,  for  expenditures  incurred  on 
public  improvements,  payable  in  whole  or  in  part  from  assess- 
ments,   then    it    shall    be    lawful    for    the    Comptroller,    when 

7S 


hereto  authorized  by  the  Municipal  Assembly  and  the  Board  of 
Estimate  and  Apportionment,  to  issue  corporate  stock  of  The 
City  of  New  York  for  an  amount  sufficient  to  pay  the  bonds  so 
falling  due  as  aforesaid  ;  or  the  Comptroller  may  in  his  discretion, 
for  such  purpose,  issue  assessment  bonds  in  the  manner  provided 
by  section  181  of  this  Act. 

Deficiencies  in  collections  of  arrears  of  assessments  ;  how  met. 

Sec.  185.  The  Comptroller  is  hereby  authorized  to  issue 
from  time  to  time  assessment  bonds  in  the  manner  provided  by 
section  181  of  this  Act,  to  provide  such  amounts  as  may  be 
required  to  meet  the  deficiencies  caused  by  delay  in  collecting 
arrears  of  assessments ;  the  aggregate  amount  so  issued  not  to 
exceed  at  any  time  the  aggregate  amount  of  said  arrears  then 
outstanding. 

Bonds  for  State  Taxes. 

Sec.  186.  For  the  purpose  of  enabling  The  City  of  New 
York  to  make  payment  of  the  quota  of  state  taxes  which  may  be 
imposed  upon,  and  chargeable  to,  the  said  City  and  the  Coun- 
ties wholly  comprised  therein,  and  the  part  of  Queens  County 
included  in  said  City,  at  the  same  time  or  times  that  other 
counties  of  this  state  are  or  may  be  required  to  make  pay- 
ment by  law,  the  Comptroller  is  hereby  authorized  and  required, 
unless  the  money  for  the  payment  of  the  same  shall  have  been 
otherwise  provided,  to  issue  revenue  bonds  for  such  amounts  as 
may  from  time  to  time  become  necessary  to  meet  such  quota  of 
the  state  taxes,  and  from  the  proceeds  thereof,  to  pay  to  the 
State  Treasurer  the  amount  of  taxes  which  the  Comptroller  of 
the  State  shall  have  apportioned  according  to  law,  and  which 
may  be  required  to  be  paid  in  pursuance  of  such  apportionment 
to  the  State  by  The  City  of  New  York  and  said  counties  and 
said  part  of  Queens  County,  at  such  times. 

Revenue  bonds  ;  special  funds. 

m 

Sec.  187.  The  Comptroller  is  authorized  to  borrow,  from 
time  to  time,  on  the  credit  of  the  corporation,  in  anticipation  of 
its  revenues,  and  not  to  exceed  in  amount  the  amount  of  such 
revenues,  such  sums  as  may  be  necessary  to   meet    expenditures 

79 


under  the  appropriations  for  each  current  year.  Such  amounts 
shall  be  obtained  by  the  issue  of  revenue  bonds,  which  shall  be 
redeemed  out  of  the  proceeds  of  the  tax  levy  in  anticipation 
of  the  collection  of  which  such  bonds  were  issued. 

Whenever  the  Comptroller  may  be  authorized  by  the  provis- 
ions of  this  Act,  or  by  laws  heretofore  or  hereafter  enacted,  to 
issue  revenue  bonds  for  purposes  other  than  to  meet  expen- 
ditures under  the  appropriations  for  each  current  year,  such 
revenue  bonds  shall  be  redeemed  out  of  the  tax  levy  for 
the  year  next  succeeding  the  year  of  their  issue,  and  the  neces- 
sary appropriation  therefor  shall  be  made  by  the  Municipal 
Assembly  and  the  Board  of  Estimate  and  Apportionment  in  the 
budget  for  such  year.  Such  last  mentioned  bonds  may  be 
designated  and  known  as  "  Special  Revenue  Bonds". 

Cash  balances  of  Special  Funds  in  the  treasuries  or  to 
the  credit  of  the  several  municipal  or  public  corporations  or 
parts  thereof,  including  the  counties  of  Kings  and  Richmond, 
hereby  consolidated  with  the  Mayor,  Aldermen  and  Common- 
alty of  the  City  of  New  York  shall  be  transferred  by  the  Comp- 
troller to  like  Special  Funds  of  The  City  of  New  York  where 
such  exist ;  and  such  Special  Funds  shall  thereupon  be  liable  for 
payments  which  would  otherwise  have  been  made  out  of  the 
funds  so  transferred.  Where  no  similar  funds  exist  in  the 
treasury  or  to  the  credit  of  The  City  of  New  York,  such  Special 
Fund  shall  be,  so  far  as  practicable,  administered  in  the  same 
manner  as  they  would  have  been  administered,  if  this  Act  had  not 
been  passed.  Whenever,  within  two  years  after  the  passage  of 
this  Act,  it  shall  appear  that  the  charges  and  liabilities  of  any 
such  Special  Fund  exceed  the  available  assets  thereof,  it  shall  be 
lawful  for  the  Board  of  Estimate  and  Apportionment,  upon 
the  written  request  of  the  Comptroller,  to  authorize  the  issue  of 
revenue  bonds  or  assessment  bonds  or  corporate  stock  of  The 
City  of  New  York,  for  the  purpose  of  supplying  such  deficiency. 

Special  Revenue  Bonds. 

Sec.  188.  The  Comptroller  is  authorized  to  issue  special 
revenue  bonds  to  provide  the  means  necessary  to  make  payments 
for  the  following  purposes : 

80 


1.  The  expenses  necessarily  incurred  in  condemning  unsafe 
buildings  as  provided  by  section  511  of  Chapter  410  of  the  Laws 
of  1882. 

2.  Amounts  audited  by  the  Board  of  Estimate  and  Appor- 
tionment pursuant  to  section  231  of  this  Act. 

3.  Such  amounts  as  may  be  necessary  to  pay  judgments 
recovered  against  the  corporation. 

4.  The  amount  appropriated  in  pursuance  of  section  236 
of  this  Act  in  those  cases  in  which  the  appropriations  are 
made  after  the  final  passage  of  the  annual  appropriation  and  the 
certification  to  the  Municipal  Assembly  of  the  amount  to  be 
raised. 

5.  The  amount  necessary  to  defray  the  expense  of  supply- 
ing water  meters  as  authorized  by  section  475  of  this  Act. 

6.  To  provide  for  deficiencies  in  the  fund  for  street  and 
park  openings  as  provided  in  section  174  of  this  Act. 

7.  To  provide  for  the  payment  of  claims,  charges,  expenses  and 
appropriations  which  have  been  or  may  be  hereafter  by  law  specifi- 
cally imposed  upon  The  City  of  New  York,  as  hereby  constituted, 
and  the  several  counties  wholly  included  within  its  limits  by  the 
Legislature,  and  for  which  no  other  provision  for  payment  has 
been  made. 

8.  To  provide  for  the  payment  of  expenses  authorized  by 
the  concurrent  vote  of  all  the  members  of  the  Board  of  Estimate 
and  Apportionment  upon  a  joint  resolution  requesting  such 
authorization,  adopted  by  the  affirmative  vote  of  three-fourths  of 
all  the  members  elected  to  each  branch  of  the  Municipal  Assem- 
bly of  New  York  City ;  provided,  however,  that  the  amount 
thus  issued  shall  not  in  any  one  year  exceed  two  hundred  and 
fifty  thousand  dollars. 

9.  To  meet  and  pay  the  expenses  incurred  pursuant  to  the 
provisions  of  sections  1177  and  1178  of  this  Act. 


81 


Title  3. 
the  chamberlain. 

How    appointed.     Bond. 

Sec.  194.  The  Chamberlain  shall  be  appointed  in  the 
same  manner  as  heads  of  departments,  and  shall  hold  his  office 
for  four  years,  unless  sooner  removed,  as  herein  provided.  He 
shall,  within  ten  days  after  receiving  notice  of  his  appoint- 
ment and  before  he  enters  upon  his  office,  give  a  bond  to  the 
people  of  the  State  of  New  York  in  the  sum  of  three  hundred  thou- 
sand dollars,  with  not  less  than  four  sufficient  sureties  to  be 
approved  by  the  Comptroller,  conditioned  that  he  will  faithfully 
discharge  the  duties  of  his  office  and  all  trusts  imposed  on  him  by 
law  in  virtue  of  his  office.  Such  bond  shall  be  deemed  to  extend 
to  the  faithful  execution  of  the  duties  of  the  office  until  a 
new  appointment  shall  be  made  and  confirmed,  and  the  person 
so  appointed  enters  upon  the  performance  of  his  duties.  In  case 
of  any  official  misconduct  or  default  on  the  part  of  such  Chamber- 
lain, or  his  subordinates,  an  action  upon  such  bond  may  be  begun 
and  prosecuted  to  judgment  by  the  Attorney  General,  or  by  the 
City,  which  shall,  after  first  paying  therefrom  the  expenses  of  the 
litigation,  cause  the  proceeds  of  such  judgment  to  be  distributed 
as  shall  be  lawful  and  equitable  among  the  persons  and  objects 
injured  or  defrauded  by  such  official  misconduct  or  default  of  said 
Chamberlain,  or  any  of  his  subordinates. 

Duties.     Accounts  of  to  he  examined  by  Commissioners  of  Accounts. 

Sec.  195.  Said  Chamberlain  shall  exhibit  to  the  Municipal 
Assembly,  at  its  first  meeting  in  the  month  succeeding  that  in 
which  he  enters  upon  the  execution  of  his  office,  an  exact  state- 
ment of  the  balance  in  the  treasury  to  the  credit  of  the  city,  with 
a  summary  of  the  receipts  and  payments  of  the  treasury  during 
the  preceding  year,  and  since  the  last  preceding  report  required 
by  law,  if  more  than  a  year  shall  have  elapsed  since  such  report 
He  shall  receive  all  moneys  which  shall  from  time  to  time  be 
paid  into  the  treasury  of  the  city.  He  shall  deposit  all  moneys 
which  shall  come  into  his  hands  on  account  of  the  city  on    the 

82 


day  of  the  receipt  thereof,  or  on  the  business  day  next  succeed- 
ing, in  such  banks  and  trust  companies  as  shall  have  been 
designated  as  deposit  banks  in  pursuance  of  the  next  section ; 
but  no  amount  shall  be  on  deposit  at  any  one  time  in  any  one 
bank  or  trust  company  exceeding  one-half  of  the  amount  of  the 
capital  and  net  surplus  of  such  bank  or  trust  company.  The 
money  so  deposited  shall  be  placed  to  the  account  of  the  Chamber- 
lain, and  he  shall  keep  a  bankbook,  in  which  shall  be  entered  his 
accounts  of  deposit  in,  and  moneys  drawn  from  the  banks  and  trust 
companies  in  which  the  deposits  shall  be  made.  The  said  banks 
and  trust  companies  shall,  respectively,  transmit  to  the  Comp- 
troller a  weekly  statement  of  the  moneys  which  shall  be  received 
and  paid  by  them  on  account  of  the  city  treasury.  The  Chamber- 
lain shall  pay  all  warrants  drawn  on  the  treasury  by  the  Comp- 
troller and  countersigned  by  the  Mayor,  or  the  chief  clerk  of 
the  Mayor  when  empowered  by  the  Mayor  in  writing  so  to 
do,  and  no  moneys  shall  be  paid  out  of  the  treasury  ex- 
cept on  tnc  */arrant  of  the  Comptroller  so  countersigned. 
No  such  warrant  shall  be  signed  by  the  Comptroller  or  coun 
tersigned  by  the  Mayor,  except  upon  vouchers  for  the  ex- 
penditure of  the  amount  named  therein,  examined  and 
allowed  by  an  Auditor  of  Accounts,  approved  by  the  Comptroller, 
and  filed  in  the  Department  of  Finance,  except  in  the  case  of 
judgments,  in  which  case  a  transcript  thereof  shall  be  filed, 
nor  except  such  warrant  shall  be  authorized  by  law  or  by  ordi- 
nance, and  shall  refer  to  the  law  or  ordinance,  and  to  the  appro- 
priation under  and  from  which  it  is  drawn.  The  Chamberlain 
shall  not  draw  any  moneys  of  the  City  treasury  from  said  banks 
or  trust  companies  unless  by  checks  subjoined  and  attached  to 
such  warrants  and  subscribed  by  him  as  Chamberlain  and  no 
moneys  shall  be  paid  by  either  of  the  said  banks  or  trust  com- 
panies on  account  of  the  treasury  except  upon  such  checks. 
The  Chamberlain  shall  exhibit  his  bank  book  to  the  Comptroller 
on  the  first  Tuesday  of  every  month,  and  oftenerwhen  required. 
The  accounts  of  the  Chamberlain  shall  be  annually  closed  on 
the  last  day  of  November,  and  shall  be  examined  in  the  month 
of  December  in  each  year  by  the  Commissioners  of  Accounts. 
Such  commissioners  shall  examine  the  accounts  and  vouchers  of 

83 


all  moneys  received  into  and  paid  out  of  the  city  treasury  during 
the  year  ending  on  the  last  day  of  November  next  preceding 
such  examination,  and  shall  certify  and  report  to  the  Mayor  and 
Municipal  Assembly  in  the  following  month  of  January  the 
amount  of  moneys  received  into  the  treasury  during  such  year, 
the  amount  of  moneys  paid  out  during  the  same  period  by  virtue 
of  warrants  drawn  on  the  treasury  by  the  Comptroller,  the 
amount  of  moneys  received  by  the  Chamberlain  who  shall  be  in 
office  at  the  time  of  such  examination,  if  he  entered  upon  the 
execution  of  his  duties  since  the  last  preceding  report,  the  bal- 
ance in  the  treasury  on  the  last  day  of  November  preceding  such 
examination,  the  amount  of  moneys  borrowed  for  or  on  the  credit 
of  the  city  during  such  year,  and  the  amount  of  the  bonds  of  the 
city  issued  during  such  year,  with  the  purposes  for  which  and  the 
authority  under  which  such  bonds  were  issued.  Such  Commis- 
sioners shall  also  compare  the  warrants  drawn  by  the  Comp- 
troller on  the  treasury  during  the  year  ending  on  the  last  day  of 
November  preceding  such  examination,  with  the  several  laws 
and  ordinances  under  which  the  same  shall  purport  to  have  been 
drawn,  and  shall  in  like  manner  certify  and  report  whether  the 
Comptroller  had  power  to  draw  such  warrants ;  and  if  any  shall 
be  found  which,  in  their  opinion,  he  had  no  power  to  draw,  they 
shall  specify  the  same  in  their  report,  with  their  reasons  for  such 
opinion. 

Public  Moneys  ;  where  to  be  deposited.     Salary  of  Chamberlain. 

Sec.  196.  The  said  Chamberlain  and  Mayor  and  Comptroller 
shall,  by  a  majority  vote,  by  written  notice  to  the  Comptroller, 
designate  the  banks  or  trust  companies  in  which  all  moneys  of 
The  City  of  New  York  shall  be  deposited,  and  may,  by  like 
notice  in  writing,  from  time  to  time  change  the  banks  and  trust 
companies  thus  designated ;  but  no  such  bank  or  trust  company 
shall  be  designated  unless  its  officers  shall  agree  to  pay  into  the 
city  treasury  interest  on  the  daily  balances  at  a  rate  to  be  fixed 
by  the  Mayor  and  Chamberlain  and  the  said  Comptroller  of  The 
City  of  New  York,  by  a  majority  vote,  which  rate  shall  be  so 
fixed  quarterly,  on  the  first  days  of  February,  May,  August  and 
November  in  each  year,  according  to  the  current  rate  of  interest 

84 


upon  like  balances  deposited  in  banks  and  trust  companies  in  the 
City  of  New  York  by  private   persons  and   corporations.      The 
said    Chamberlain    shall    keep    books    showing  the   receipts    of 
moneys  from  all   sources,    and   designating  the   sources  of  the 
same,  and  also  showing  the  amounts  paid  from  time  to  time  on 
account  of    the    several   appropriations,   and  no  warrants    shall 
be  paid    on  account    of    any    appropriation    after   the    amount 
authorized  to  be  raised  for  that  specific  purpose  shall  have  been 
expended.       The    said    Chamberlain    shall   once  in  each   week 
report  in  writing  to  the  Mayor  and  to  the  Comptroller  all  moneys 
received  by  him,  the  amount  of  all  warrants  paid   by  him  since 
his  last  report,    and   the  amount  remaining  to  the  credit  of  the 
city.     The  Chamberlain  shall  receive  the  sum  of  twelve  thousand 
dollars  annually,  and  no  more,  for  his  services  as  Chamberlain  of 
said  city,  and  as  County  Treasurer  of  the  County   of  New  York, 
in  lieu  of  all  salary  and  of  all   interest,    fees,  commissions   and 
emoluments ;   and  all  such  interest,  fees,  commissions  and  emolu- 
ments shall   be  accounted  for  and  paid  over  by  him  to  the  city 
treasury,  except  that  the  commissions  or  compensation  provided 
by  law,  and  received  by  him  for   receiving  and  paying   over  the 
state  taxes,    and  all  interest  which  accrue   on   deposits   shall   be 
paid  by  him  to  the  Commissioners  of  the  Sinking   Fund.      He 
may  appoint  and  remove  at  pleasure.  Deputy  Chamberlains,  and 
such  clerks  and  assistants  as  may  be  necessary,  whose  salaries, 
together   with    all    the    expenses    of   his    office,    shall    be    paid 
by  The   City  of  New  York  when  fixed   by  him  and   approved 
by  the  Municipal  Assembly  and  the   Board  of    Estimate    and 
Apportionment. 

Certain  Sections  of  Code  of  Civil  Procedure  respecting  moneys  patd 
into  Court,  applicable . 

Sec.  197.  Each  provision  of  title  three  of  chapter  eight  of 
the  Code  of  Civil  Procedure,  relating  to  a  County  Treasurer, 
applies  to  the  Chamberlain,  with  respect  to  money  paid  into 
court,  in  an  action  triable  in  The  City  of  New  York,  as  here- 
by constituted,  or  with  respect  to  money,  or  a  bond,  mortgage, 
or  other  security,  or  public  stock,  representing  money  paid  into 

85 


court,  except  where  special  provision,  with  respect  to  the  same, 
is  otherwise  made  by,  law. 

Fees. 

Sec.  198.  The  Chamberlain  is  entitled,  for  the  services 
specified  in  this  section,  to  collect  for,  and  on  behalf  of  the  City 
the  following  fees:  For  receiving  money  paid  into  the  court, 
one-half  of  one  per  centum  upon  the  sum  so  received.  For 
paying  out  the  same,  one-half  of  one  per  centum  upon 
the  sum  so  paid  out.  For  investing  money,  pursuant  to 
the  direction  of  the  court,  one-half  of  one  per  centum  upon 
the  sum  invested,  not  exceeding  two  hundred  dollars,  and  one- 
quarter  of  one  per  centum  upon  the  excess  over  two  hundred 
dollars.  For  receiving  the  interest  upon  an  investment,  and 
paying  the  same  to  the  person  entitled  thereto,  one-half  of  one 
per  centum  upon  the  interest  so  received  and  paid.  All  of  said 
fees  when  collected  by  said  Chamberlain  shall  be  paid  by  him 
into  the  city  treasury  as  provided  in  section  196  of  this  Act. 


Title  4. 

the  sinking  fund. 
Cotnmissioners  of  the  Sinking  Fund :    How  Constituted. 

Sec.  204.  There  shall  be  a  Board  of  Commissioners  of  the 
Sinking  Fund,  composed  of  the  Mayor,  Comptroller,  Chamber- 
lain, President  of  the  Council,  and  Chairman  of  the  Finance 
Committee  of  the  Board  of  Alderman,  with  all  the  powers  and 
duties  now  assigned,  designated  and  reposed  by  law  or  ordinance 
in  the  Commissioners  of  the  Sinking  Fund  of  the  City  of  New 
York,  as  heretofore  constituted,  of  the  City  of  Brooklyn  and  of 
Long  Island  City,  or  the  officers  entrusted  with  similar  powers 
and  duties  in  any  of  the  municipal  or  public  corporations  or 
parts  thereof,  including  the  Counties  of  Kings  and  Richmond, 
hereby  consolidated  with  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  New  York,  except  as  otherwise  provided  by 
this   Act.     The    said    Board   shall   administer  each  of  the  said 

80 


several  sinking  funds,  and  perform,  carry  out  and  exercise  the 
several  trusts,  powers,  ^obligations  and  duties  relating  thereto, 
in  the  same  manner  as  the  same  would  have  been  administered, 
performed,  carried  out  and  exercised  if  this  Act  had  not  been 
passed,  except  as  otherwise  provided  in  this  Act. 

The  assets  and  accounts  of  each  of  said  sinking  funds  shall, 
except  as  hereinafter  otherwise  provided,  be  kept  separate  and 
distinct,  and  the  same  shall  in  all  respects  be  administered  as  in- 
dependent trusts,  subject  to  and  governed  by  the  several  pro- 
visions of  law  or  ordinance  heretofore  relating  thereto,  with  the 
intent  and  purpose  of  preserving  inviolate  the  rights  of  holders 
of  bonds  and  stocks  heretofore  issued  by  any  of  the  municipal 
and  public  corporations  or  parts  thereof  hereby  made  part  of  The 
City  of  New  York,  including  the  counties  of  Kings  and 
Richmond. 

Powers. 

Sec.  205.  The  said  Board  shall,  except  as  in  this  Act  other- 
wise specifically  provided,  have  power  to  sell  or  lease  for  the 
highest  marketable  price  or  rental  at  public  auction  or  by  sealed 
bids,  and  always  after  public  advertisement  and  appraisal  under 
the  direction  of  said  board,  any  city  property  except  parks, 
wharves  and  piers  and  land  under  water,  but  not  for  a  term 
longer  than  ten  years  nor  for  a  renewal  for  a  longer  period 
than  ten  years.  But  if  said  property  be  market  property, 
excepting  the  market  between  sixteenth  and  seventeenth 
streets  east  of  Avenue  C,  the  market  in  Gouverneur  Slip  and 
the  market  in  Old  Slip,  it  shall  not  be  sold  or  leased  unless 
under  a  condition  that  the  purchaser  or  lessee  thereof  shall 
maintain  said  market  property  as  and  for  the  purposes  of  a  public 
market  for  at  least  ten  years  from  and  after  such  sale  or 
lease,  and  under  due  ordinances  of  the  •  Municipal  Assem- 
bly or  the  Department  of  Health  or  under  stipulations  in 
the  deed  of  sale  or  lease,  unless  otherwise  ordered  by  the  Com- 
missioners of  the  Sinking  Fund  and  the  Municipal  Assembly. 
The  proceeds  of  said  ^sale  or  leasing  shall  on  receipt  thereof, 
after   paying    necessary   charges,    be  immediately    paid    to    the 

87 


credit  of  the  sinking  fund  of  The  City  of  New  York  for  the 
redemption  of  the  city  debt. 

The  provisions  of  existing  laws  or  ordinances  relative  to  the 
investment  of  moneys  and  assets  of  the  several  sinking  funds 
hereby  made  subject  to  the  control  of  the  Commissioners  of  the 
Sinking  Fund,  as  hereby  constituted,  in  bonds,  stocks  or  obliga- 
tions of  the  municipal  or  public  corporations  or  parts  thereof 
hereby  consolidated  into  The  City  of  New  York,  including  the 
Counties  of  Kings  and  Richmond,  shall  hereafter  apply  to 
investment  thereof  in  the  bonds  and  stock  of  the  corporation  of 
The  City  of  New  York,  issued  on  and  after  January  1,  1898, 
provided,  however,  that  such  bonds  or  stocks  shall  not  thereupon 
or  thereafter  be  canceled,  except  as  herein  otherwise  specifically 
provided,  but  the  same  shall  upon  thejr  maturity  be  paid  off, 
liquidated  or  discharged  in  the  same  manner  as  they  would  be 
if  held  by  private  creditors. 

It  shall  be  lawful  for  the  Commissioners  of  the  Sinking  Fund 
in  their  discretion,  and  they  are  hereby  empowered  in  such 
discretion,  to  cancel  from  time  to  time,  but  not  before  maturity, 
bonds  and  stocks  of  any  of  the  municipal  and  public  corpora- 
tions or  parts  thereof  forming  part  of  the  corporation  of  The 
City  of  New  York,  as  hereby  constituted,  and  of  the  Counties 
of  Kings  and  Richmond,  which  may  be  held  by  any  of  said 
sinking  funds  on  December  31st,  1897,  providing  said  bonds 
and  stocks  are  by  law  redeemable  from  the  sinking  funds  in 
which  the  same  are  held.  It  shall  also  be  lawful  for  the 
Commissioners  of  the  Sinking  Fund  in  their  discretion,  and 
they  are  hereby  empowered  in  such  discretion,  to  cancel  from 
time  to  time,  but  not  before  maturity,  any  portion  of  the  indebt- 
edness of  The  City  of  New  York,  as  hereby  constituted,  incurred 
on  or  after  January  1,  1898,  which  may  be  held  by  them  in 
the  "Sinking  Fund  of  The  City  of  New  York,"  as  hereinafter 
constituted,  and  which  may  by  law  be  redeemable  from  said 
Sinking  Fund  as  herein  or  elsewhere  provided,  and  all  such 
similar  indebtedness  incurred  to  provide  for  the  supply  of  water, 
which  maybe  held  by  them  and  redeemable  from  "The  Water 
Sinking  Fund  of  The  City  of  New  York "  as  hereinafter  con- 
stituted. 

88 


The  funds  to  be  known  as  the  "  Sinking  Fund  of  The  City  of 
New  York"  and  the  "  Water  Sinking  Fund  of  The  City  of  New 
York,"  as  hereinafter  constituted,  shall  be  administered  by  the 
Commissioners  of  the  Sinking  Fund,  in  like  manner  as  provided 
by  the  ordinance  of  the  Mayor,  Aldermen  and  Commonalty  of 
The  City  of  New  York,  approved  by  the  Mayor,  February  22nd, 
1844,  so  far  as  the  same  may  be  applicable ;  provided,  however, 
that  nothing  contained  in  said  ordinance  shall  affect  or  alter  the 
composition  of  the  Board  of  Commissioners  of  the  Sinking  Fund, 
as  by  this  Act  constituted. 

The  Sinking  Fund  of  The  City  of  New  York. 

Sec.  206.  There  shall  be  created  a  fund  to  be  known  as  the 
"Sinking  Fund  of  The  City  of  New  York,"  which  shall  have 
for  its  purposes  the  liquidation  of  the  principal  of  the  debt  of  the 
corporation  of  The  City  of  New  York  incurred  on  or  after  Janu- 
ary 1st,  1898,  as  to  which  no  provision  for  the  payment  thereof 
otherwise  than  from  taxation  is  made,  and  excepting  revenue 
bonds  and  bonds  issued  to  provide  for  the  supply  of  water  pursuant 
to  the  provisions  of  section  10  of  Article  VIII,  of  the  constitution 
of  the  State  of  New  York.  For  the  redemption  of  such  debt 
out  of  said  sinking  fund  there  shall  be  annually  included  in  the 
budget  and  paid  into  the  sinking  fund  of  The  City  of  New 
York  herein  created,  an  amount  to  be  estimated  and  certified  by 
the  Comptroller,  and  to  be  by  the  Municipal  Assembly  and  the 
Board  of  Estimate  and  Apportionment  inserted  in  the  budget  for 
each  year,  which  with  the  accumulations  of  interest  thereon  shall 
be  sufficient  to  meet  and  discharge  such  bonds  or  stock  by 
the  time  the  same  shall  be  payable. 

Whenever  the  bonds  and  stocks  outstanding  on  December 
31st,  1897,  and  being  charges  or  liens  on  any  of  the  sinking 
funds  hereby  made  subject  to  the  control  of  the  commissioners 
of  the  sinking  fund,  shall  in  respect  to  any  such  sinking  fund  be 
wholly  discharged,  liquidated  or  canceled,  it  shall  thereupon  be 
lawful  for  the  commissioners  of  the  sinking  fund  to  cancel  such 
bonds  of  the  corporation  of  The  City  of  New  York  issued  on  or 
after  January  1st,  1898,  as  may  be  held  by  such  sinking  fund, 

89 


and  the  revenues  of  such  sinking  fund  when  thus  relieved  of  such 
liens  or  charges  shall  thereupon  and  thereafter  be  paid  into  the 
Sinking  Fund  of  The  City  of  New  York,  as  herein  created.  When- 
ever such  payments  shall  be  made,  the  Comptroller  in  making  the 
certificate  to  the  Board  of  Estimate  and  Apportionment  by  this 
section  required  shall  take  into  account  the  amount  thereof,  and 
deduct  the  same  from  the  estimated  amount  to  be  included 
in  each  year's  budget  as  herein  provided. 

Sinking  Funds  for  redemption  purposes  to  be  continued. 

Sec.  207.  The  fund  known  as  "The  sinking  fund  of 
the  City  of  New  York  for  the  redemption  of  the  city  debt,"  and 
the  fund  known  as  "The  sinking  fund  of  the  city  of  Brooklyn," 
and  the  like  funds  of  each  and  every  of  the  municipial  or  public 
corporations  or  parts  thereof  by  this  Act  consolidated  with  the 
corporation  known  as  "the  Mayor,  Aldermen  and  Commonalty  of 
the  City  of  New  York,"  including  the  Counties  of  Kings  and  Rich- 
mond, shall  be  continued,  and  the  funds,  moneys,  revenues  and 
assets  heretofore  pledged  and  appropriated  to  each  of  said  funds 
shall  continue  to  be  and  the  same  are  hereby  pledged  and 
appropriated  thereto  severally  and  respectively  in  the  same 
manner  as  though  this  Act  had  not  been  passed,  until  such  time 
as  the  bonds,  stocks  and  obligations  outstanding  on  December 
31st,  1807,  and  redeemable  therefrom,  shall  have  been  respect- 
ively cancelled,  liquidated,  discharged  and  redeemed. 

Wherever,  by  existing  laws  or  ordinances,  the  duty  is 
imposed  upon  boards  or  officers  of  the  several  municipal  or 
public  corporations  or  parts  thereof  hereby  consolidated  with 
the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
including  the  Counties  of  Kings  and  Richmond,  to  raise  by  taxa- 
tion, annually  or  otherwise,  amounts  of  money  for  sinking  fund 
purposes,  or  for  the  redemption  of  or  payment  of  interest  on 
bonded  indebtedness,  for  which  The  City  of  New  York,  as  hereby 
constituted,  is  by  this  Act  made  liable,  it  shall  be  the  duty  of  the 
proper  officers  of  the  said.  The  City  of  New  York,  in  like  manner 
to  raise  such  amounts  by  taxation  upon  the  estates,  real  and 
personal  subject  to  taxation  in  said  city. 

90 


Sinking  funds   created  pursuant  to  constitutional  requirements ; 
Water  Sinking  Fund  of  The  City  of  New  York. 

Sec.  208.  There  shall  be  created  a  fund  to  be  known  as  the 
"  Water  Sinking  Fund  of  The  City  of  New  York,  "  which  shall 
have  for  its  purpose  the  liquidation  of  the  principal  of  the  debt 
incurred  by  The  City  of  New  York,  as  hereby  constituted,  on  or 
after  January  1st,  1898  for  the  supply  of  water  as  provided  by 
Section  10  of  Article  VIII  of  the  Constitution  of  the  State  of 
New  York. 

The  funds  known  as  the  "Sinking  Fund  No.  2  of  The  City  of 
New  York, "the  "Water  Sinking  Fund  of  the  City  of  Brooklyn" 
and  the  Sinking  Funds  of  each  and  every  municipal  and  public  cor- 
poration or  part  thereof  hereby  made  part  of  the  corporation  of 
The  City  of  New  York,  including  the  Counties  of  Kings  and 
Richmond,  created  pursuant  to  the  requirements  of  the  Constitu- 
tional Amendment  adopted  November  4th,  1884,  or  of  section 
10  of  Article  VIII  of  the  Constitution  of  the  State  of  New  York, 
shall  be  continued,  and  the  funds,  moneys,  revenues  and  assets 
heretofore  pledged  and  appropriated  to  each  of  said  funds  shall, 
except  as  herein  otherwise  specially  provided,  continue  to  be 
severally  and  respectively  so  pledged  and  appropriated.  It  shall, 
however,  be  the  duty  of  the  Comptroller  of  The  City  of  New 
York,  as  soon  as  practicable  after  the  passage  of  this  Act,  to 
cause  an  examination  to  be  made  as  to  the  condition  of  said 
Funds,  and  if  it  appears  to  him,  and  he  shall  so  certify  to  the 
Commissioners  of  the  Sinking  Fund,  that  said  funds  or  any  of 
them  have  been  managed,  invested  and  administered  in  the 
manner  required  by  the  provisions  of  the  Constitution  of  the 
State  of  New  York  as  aforesaid,  it  shall  be  lawful  for  the  said 
Commissioners  of  the  Sinking  Fund,  by  concurrent  vote,  to 
authorize  and  direct  the  amalgamation  of  said  fund  or  funds  with 
the  Water  Sinking  Fund  of  The  City  of  New  York,  as  hereby 
constituted. 

Sinking  funds  for  the  payment  of  interest. 

Sec.  209.     The  fund  known  as  the   "Sinking  Fund  of  the 
City  of  New  York  for  the  payment  of  the  interest  accruing  and 

91 


to  accrue  upon  the  stocks  of  said  city  until  the  same  be  fully 
and  finally  redeemed  "  shall  be  continued,  and  after  providing 
for  the  interest  on  the  bonds  and  stocks  now  payable  therefrom 
as  provided  by  law,  shall  form  a  fund  which  shall  be  transferred 
to  the  "  Sinking  Fund  of  The  City  of  New  York  for  the  Redemp- 
tion of  the  City  Debt "  ;  provided,  however,  that  nothing  herein 
contained  shall  authorize  the  payment  from  said  fund  of  any 
interest  which  may  accrue  on  bonds  to  be  issued  by  the  cor- 
poration of  The  City  of  New  York,  as  hereby  constituted,  after 
January  first,  one  thousand  eight  hundred  and  ninety-eight. 
Like  funds  in  any  of  the  municipal  or  public  corporations  or 
parts  thereof  which  by  this  Act  are  made  part  of  the  corporation 
of  The  City  of  New  York,  as  hereby  constituted,  including  the 
counties  of  Kings  and  Richmond,  shall  likewise  be  continued, 
and  any  surplus  that  may  remain  therein  after  fully  satisfying  all 
claims,  liens  or  charges  that  may  exist  against  such  funds  pur- 
suant to  law  or  ordinance  shall,  unless  otherwise  provided  by 
law,  be  transferred  to  the  "  Sinking  Fund  of  The  City  of  New 
York,"  as  herein  constituted. 

Disposition  of  certain  moneys  received  for  local  improvements. 

Sec.  210.  All  moneys  now  in  the  treasury  of  the  corpora- 
tion known  as  the  Mayor,  Aldermen  and  Commonalty  of  the 
City  of  New  York  heretofore  collected  and  received  in  payment 
or  on  account  of  assessments  made  and  confirmed  for  local 
improvements  in  said  city,  and  all  moneys  which  shall  here- 
after be  collected  and  received  in  payment  or  on  account  of 
assessments  made  and  confirmed,  or  which  may  be  made 
and  confirmed,  for  local  improvements  in  said  city  completed 
prior  to  June  third,  eighteen  hundred  and  seventy-eight, 
shall  be  paid  into  the  sinking  fund  for  the  redemption  of  the  city 
debt,  and  the  same  is  hereby,  in  addition  to  the  revenues  and 
moneys  aforesaid,  pledged  and  appropriated  to  said  sinking  fund 
for  the  payment  of  the  bonds  and  stocks  of  said  city,  to  be 
paid  and  redeemed  therefrom  as  herein  provided. 

Funds  and  revenues  pledged  to  redemption  of  city  debt. 

Sec.  211.     Between  the  city  and  its  creditors,  holders  of  its 

92 


bonds  and  stocks  as  aforesaid,  including  the  bonds  and  stocks  of 
the  municipal  or  public  corporations  or  parts  thereof  consolidated 
with  the  corporation  known  as  the  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York,  as  well  as  those  of  the  latter 
corporation  and  of  the  counties  of  Kings  and  Richmond,  there 
shall  be  and  there  is  hereby  declared  to  be  a  contract  that  the 
funds  and  revenues  of  the  city,  including  all  the  corporations  last 
stated  and  said  counties  of  Kings  and  Richmond,  and  the  funds 
to  be  collected  from  assessments  pursuant  to  any  law  by  this 
chapter  pledged  to  the  Sinking  Fund  for  the  redemption  of  the 
city  debt,  shall  be  accumulated  and  applied  only  to  the  purposes 
of  the  said  several  sinking  funds  as  prescribed  by  law,  until  all 
of  said  debt  redeemable  therefrom  is  fully  redeemed  and  paid  as 
herein  provided. 

Sinking  fund  for  the  redemption  of  the  city  debt  not  to  be  alienated 
or  impaired. 

Sec.  212.  Nothing  in  this  chapter  contained  shall  be  held  to 
require  or  authorize  the  Commissioners  of  the  sinking  fund 
to  use  or  apply  any  part  or  portion  of  the  accumulations 
in  said  sinking  fund  for  the  redemption  of  the  city  debt  or 
the  revenues  of  said  fund  in  any  manner  whatever,  whereby  the 
security  of  said  fund  for  the  payment  of  the  bonds  and  stocks  of 
the  corporation  known  as  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  New  York,  for  which  said  fund  is  now  pledged 
by  law,  and  which  are  a  charge  on  said  fund,  shall  be  alienated 
or  impaired,  and  the  said  bonds  and  stocks  so  secured  by  law  are 
hereby  declared  to  constitute  a  preferred  charge  on  said  sinking 
fund  until  the  same  are  fully  and  finally  paid  and  redeemed. 

Commissioners  may  call  in  bonded  debt.  Consolidated  stock  of  The 
City  of  New  York :  Lien  of,  on  sinking  fund  for  the  redemp- 
tion of  the  city  debt. 

Sec.  213.  The  Commissioners  of  the  sinking  fund  are  hereby 
authorized  and  empowered  to  call  in,  pay,  and  redeem  any  por- 
tion of  the  bonded  debt  constituting  a  charge  upon  the  treasury 
of  The  City  of  New  York,  as  constituted  by  this  Act,  other  than 

93 


revenue  bonds,  issued  in  anticipation  of  the  collection  of  taxes, 
when  they  may  deem  it  to  be  advantageous  for  the  interest  of 
the  city  so  to  do,  and  for  this  purpose  the  said  commissioners  of 
the  sinking  fund,  are  hereby  empowered  to  authorize,  by  a  concur- 
rent vote,  and  direct  the  Comptroller  to  issue  and  seizor  exchange 
therefor  at  not  less  than  par,  corporate  stock  of  said  city,  in  the 
manner  herein  provided  ;  and  upon  the  payment  and  redemption 
of  any  portion  of  said  bonded  debt,  the  certificates  thereof  shall 
be  cancelled  by  said  commissioners. 

The  "consolidated  stock"  of  the  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York,  issued  pursuant  to 
the  provisions  of  section  176  of  Chapter  410,  of  the  Laws  of 
1882,  after  fully  providing  for  the  preferred  bonds  and  stocks 
of  said  City,  as  in  the  preceding  section  specified,  shall  form  a 
charge  upon  the  said  "sinking  fund  for  the  redemption  of  the  city 
debt,"  and  any  part  of  the  bonded  debt  of  said  corporation  falling 
due  and  not  exchanged  for  or  redeemed  from  the  proceeds  of 
said  consolidated  stock  as  in  said  section  provided,  may  be  paid 
from  said  sinking  fund  for  the  redemption  of  the  said  city  debt, 
provided  such  payment  shall  not  in  any  way  impair  the  preferred 
claims  thereon  as  in  the  preceding  section  specified,  and  provided 
also,  th  e  Commissioners  of  the  sinking  fund  shall  deem  it  to  be 
for  the  best  interests  of  the  City  that  such  payment  shall  be  so 
made. 

Preferred  bonds  and  stocks  to  be  paid  from  the  sinking  fund  for  the 
redemption  of  the  city  debt. 

Sec.  214.  From  the  said  sinking  fund  for  the  redemption  of 
the  city  debt  shall  be  paid  and  redeemed  all  preferred  bonds  and 
stocks  of  the  Mayor,  Aldermen  and  Commonalty  of  The  City  of 
New  York,  as  by  this  title  authorized. 

Disposition  of  certain  assessments  for  local  improvements. 

Sec.  215.  The  assessments  made  for  local  improvements  prior 
to  the  ninth  day  of  June,  eighteen  hundred  and  eighty,  by  the 
corporation  known  as  the  Mayor,  Aldermen  and  Commonalty  of 
The  City  of  New  York,  including  assessments  for  improvements 
contracted  for  or  authorized  by  said  corporation,  prior  to  jsaid 

94 


date,  shall,  when  collected,  be  paid  over  to  the  Commissioners  of 
the  sinking  fund,  and  applied  by  them  in  accordance  with  law. 

Alteration  of  rates  prohibited. 

Sec.  216.  It  shall  not  be  lawful  for  The  City  of  New  York  to 
make  or  cause  to  be  made,  any  alteration  of  rates  or  charges 
affecting  any  item  or  source  of  the  revenues  of  any  of  the  sink- 
ing funds  of  said  city,  or  of  the  general  fund  which  may  tend 
to  a  diminution  of  the  receipts  from  such  source  of  revenue,  or 
either  of  them,  and  all  the  revenues  of  said  corporation  not  by 
law  otherwise  specifically  appropriated,  shall,  when  received  into 
the  City  Treasury,  be  credited  to  the  general  fund. 

Applications  for  leases  for  public  purposes.  Statement  by  Comp- 
troller. 
Sec.  217.  All  applications  to  lease  any  real  estate  for  the  pur- 
poses of  The  City  of  New  York,  including  the  premises  required 
in  accordance  with  law  for  armories  and  drill-rooms  and  places 
of  deposit  for  the  safe-keeping  of  arms,  uniforms,  equipments, 
accoutrements,  and  camp  equipage  of  the  national  guard,  must 
be  presented  to  and  passed  upon  by  the  Commissioners  of  the 
Sinking  Fund  of  said  city.  It  shall  be  the  duty  of  the  Comptroller, 
after  due  inquiry  to  be  made  by  him,  to  present  to  the  said 
Commissioners  a  statement  in  writing  of  the  facts  relating  to 
any  real  estate  proposed  to  be  leased,  the  purposes  for  which 
such  lease  is  required  by  the  city,  with  his  opinion,  and  the 
reasons  therefor,  as  to  the  fair  and  reasonable  rent  of  said 
premises.  The  said  Commissioners,  upon  such  report  and  upon 
such  further  inquiry  as  they  in  their  discretion  may  make,  may 
authorize  a  lease  of  such  premises  as  shall  be  specified  in  their 
resolution,  at  the  rent  therein  set  forth,  for  a  period  not  ex- 
ceeding five  years,  but  such  lease  shall  not  be  authorized 
except  at  a  fair  and  reasonable  rent,  and  unless  the  commissioners 
are  satisfied  and  shall  so  express  that  it  would  be  for  the  interests 
of  the  city  that  a  lease  of  the  premises  for  the  purposes  specified 
should  be  made.  Without  the  consent  of  the  said  commissioners 
the  premises  leased  shall  not  be  used  during  the  period  of  the 
lease   for  purposes  other  than  specified    in  said  resolution.      If 

95 


the  city  shall,  prior  to  the  making  of  the  lease,  have  entered 
upon  the  possession  of  the  property,  the  lease  may  be  made  to 
commence  as  of  the  date  when  the  occupation  commenced. 

Cession  of  certain  lands  to  Federal  Government  to  i^nprove  Harlem 
River. 
Sec.  218.  The  Commissioners  of  the  Sinking  Fund,  or  the 
Municipal  Assembly,  are  authorized  to  cede,  grant,  and  convey 
to  the  United  States,  upon  such  terms,  and  for  such  consider- 
ation as  may  be  agreed  upon  by  and  between  said  Commissioners 
of  the  Sinking  Fund,  or  said  Municipal  Assembly,  and  the  United 
States,  all  the  estate,  right,  title  and  interest  of  the  City  of  New 
York  in  and  to  any  part  of  the  land  required  for  the  channel  to  con- 
nect the  waters  of  the  Harlem  River  with  the  Hudson  River,  ic 
accordance  with  the  plans  for  the  improvement  of  the  Harlem 
River,  prepared  under  the  direction  of  the  Secretary  of  War. 
Wheneverany  part  of  said  land  shall  have  been  ceded  by  said  Com- 
missioners of  the  Sinking  Fund,  or  said  Municipal  Assembly, 
pursuant  to  the  authority  hereby  given,  it  shall  be  the  duty 
of  said  Commissioners  of  the  Sinking  Fund  or  a  majority  of 
them,  to  give  a  certificate  under  their  hands,  that  the  same 
has  been  ceded,  pursuant  to  the  provisions  of  this  section ; 
and  upon  the  production  of  such  certificate,  and  upon  proof 
of  due  compliance,  on  the  part  of  the  United  States,  with 
the  terms  of  cession,  it  shall  be  the  duty  of  the  Mayor  of  said 
city,  and  the  City  Clerk,  in  the  name  and  on  behalf  of  the  City 
of  New  York,  to  execute  a  proper  conveyance  of  such  lands 
under  their  hands  and  the  seal  of  said  city. 

Certain  duties  of  Commissioners  relative  to  docks,  piers,  etc. 

Sec.  219.  The  Commissioners  of  the  Sinking  Fund  shall  per- 
form the  duties  and  possess  the  powers  with  reference  to  docks, 
piers,  and  slips,  stated  in  chapter  XVI  of  this  Act. 

Sale  of  public  lands  at  auction. 

Sec.  220.  The  Commissioners  of  the  sinking  fund  are  author- 
ized  upon   the   application  of   the    Board    ofj  Education    duly 

90 


authorized  and  certified,  to  sell  at  public  auction  at  such  times 
and  on  such  terms  as  they  may  deem  most  advantageous  for  the 
public  interest,  any  land  or  lands  and  the  buildings  thereon, 
owned  by  the  City  of  New  York,  occupied  or  reserved  for  school 
purposes,  and  no  longer  required  therefor,  provided,  however, 
that  no  property  shall  be  disposed  of  for  a  less  sum  than  the  same 
may  be  appraised  by  the  Commissioners  of  the  Sinking  Fund, 
or  a  majority  of  them,  at  a  meeting  to  be  held  and  on  an  appraise- 
ment made  within  two  months  prior  to  the  date  of  the  sale  ;  and  at 
least  thirty  days'  notice  of  such  sale,  including  a  description  of  the 
property  to  be  sold,  shall  be  published  in  the  City  Record.  The 
money  received  in  payment  for  the  said  lands  and  buildings  shall 
be  paid  into  the  Sinking  Fund  for  the  Redemption  of  the 
City  Debt,  if  the  property  thus  sold  was  acquired  prior  to 
January  1,  1898,  and  if  acquired  subsequent  thereto,  into  the 
Sinking  Fund  of  the  City  of  New  York. 


Title  5. 

APPROPRIATIONS  AND  THE  BOARD  OF  ESTIMATE  AND  APPORTIONMENT. 

Hcnv  constituted:  duties:  the  annual  budget. 

Sec.  226.  The  Mayor, Comptroller,  Corporation  Counsel,  Presi- 
dent of  the  Council,  and  the  President  of  the  Department  of  Taxes 
and  Assessments  shall  constitute  the  Board  of  Estimate  and  Appor- 
tionment. The  first  meeting  of  said  Board  in  every  year  shall  be 
called  by  notice  from  the  Mayor,  personally  served  upon  the  mem- 
bers of  said  Board.  Subsequent  meetings  sihall  be  called  as  the  said 
Board  shall  direct.  At  such  meetings  the  Mayor  shall  preside,  and 
one  of  the  number  shall  act  as  secretary.  The  said  Board  shall  an- 
nually, between  the  first  day  of  October  and  the  first  day  of  Novem- 
ber, meet,  and  by  the  affirmative  vote  of  all  the  members  make  a 
budget  of  the  amounts  estimated  to  be  required  to  pay  the  expenses 
of  conducting  the  public  business  of  The  City  of  New  York,  as  con- 

97 


stituted  iby  this  Act,  for  the  then  next  ensuing  year.  Such  budget 
shall  be  prepared  in  such  detail  as  to  the  aggregate  sum  and  the  items 
thereof  allowed  to  each  department,  bureau,  office,  board,  or  com- 
mission as  the  said  Board  of  Estimate  and  Apportionment  shall 
deem  advisable.  In  order  to  enable  said  Board  to  make  such  budget, 
the  heads  of  departments,  bureaus,  offices,  boards,  and  commis- 
sions shall,  at  least  thirty  days  before  the  said  budget  is  hereby  re- 
quired to  be  made,  send  to  the  Board  of  Estimate  and  Apportion- 
ment an  estimate  in  writing,  herein  called  a  departmental  estimate, 
of  the  amount  of  expenditure,  specifying  in  detail  the  objects  there- 
of, required  in  their  respective  departments,  bureaus,  offices,  boards, 
and  commissions,  including  a  statement  of  each  of  the  salaries  of  their 
officers,  clerks,  employees,  and  subordinates.  Duplicates  of  these 
departmental  estimates  and  statements  shall  be  sent  at  the  same 
time  to  the  Municipal  Assembly.  Before  finally  determining  upon 
the  budget,  the  Board  of  Estimate  and  Apportionment  shall  fix  such 
sufficient  time  or  times  as  may  be  necessary  to  allow  the  taxpayers 
of  said  City  to  be  heard  in  regard  thereto,  and  the  said  Board  shall 
attend  at  the  time  or  times  so  appointed  for  such  hearing.  After  such 
budget  is  made  by  the  Board  of  Estimate  and  App>ortionment,  it 
shall  be  signed  by  all  the  members  thereof,  and  submitted  by  said 
Board  within  ten  days  to  the  Municipal  Assembly,  whereupon  a  spe- 
cial joint  meeting  of  the  two  houses  constituting  the  Municipal 
Assembly  shall  be  called  to  consider  such  budget,  and  the  same 
shall  simultaneously  be  published  in  the  City  Record.  The  Presi- 
dent of  the  Council  shall  preside  at  such  joint  meeting,  and  it  shall 
be  the  duty  of  said  two  houses  to  consider  and  investigate  care- 
fully the  said  budget ;  but  such  consideration  and  investigation 
shall  not  continue  beyond  fifteen  days.  The  Municipal  Assem- 
bly, by  a  majority  vote  by  all  the  members  elected  thereto,  may 
reduce  the  said  several  amounts  fixed  by  the  Board  of  Estimate 
and  Apportionment,  except  such  amounts  as  are  now  or  may 
hereafter  be  fixed  by  law,  and  except  such  amounts  as  may  be 
inserted  by  the  said  Board  of  Estimate  and  Apportionment  for 
the  payment  of  state  taxes  and  payment  of  interest  and  principal 
of  the  city  debt,  but  the  Municipal  Assembly  may  not  increase 

98 


such  amounts  nor  insert  any  new  items.  Such  action  of  the 
Municipal  Assembly  on  reducing  any  item  or  amount  fixed 
by  the  Board  of  Estimate  and  Apportionment  shall  be  subject 
to  the  veto  power  of  the  Mayor  as  elsewhere  provided  in  this 
Act,  and  unless  such  veto  is  over-ridden  by  a  five-sixths  vote 
of  the  joint  Assembly,  the  item  or  amount  as  fixed  by  the 
Board  of  Estimate  and  Apportionment  shall  stand  as  part  of  the 
budget.  After  the  final  estimate  is  made  in  accordance  herewith, 
it  shall  be  signed  by  the  President  of  the  Council  and  the  mem- 
bers of  the  Board  of  Estimate  and  Apportionment,  and  when  so 
signed  the  said  several  sums  shall  be  and  become  appropriated  to 
the  several  purposes  and  departments  therein  named.  The  said 
estimate  shall  be  filed  in  the  office  of  the  Comptroller  and  pub- 
lished in  the  City  Record  and  corporation  newspapers. 

Payment  of  City's  obligations  to  be  provided  for. 

Sec.  227.  It  shall  be  the  duty  of  the  Board  of  Estimate  and 
Apportionment,  from  time  to  time,  to  provide  for  the  payment  of  the 
interest  and  principal  of  the  bonds  and  other  obligations  of  the  City, 
or  for  which  the  City  is  liable,  and  also  to  provide  for  the  payment 
to  the  Commissioners  of  the  Sinking  Fund  of  any  sums  directed  bj 
special  laws  to  be  paid  to  said  Commissioners  on  account  of  such 
bonds  or  obligations  and  in  anticipation  of  their  maturity,  and  to 
provide  for  the  raising  of  the  money  therefor,  in  aiccordance  with 
iuch  special  laws  and  the  laws  under  which  such  bonds  and  obliga- 
tions were  issued  or  created. 

Duties  when  accumulations  in  sinking  fund  are  insufficient. 

Sec.  228.  Whenever  and  as  often  as  the  Commissioners  of  the 
Sinbing  Fund  shall  certify  to  the  Board  of  Estimate  and  Apportion- 
ment that  the  accumulations  in  any  sinking  fund  will  not  be  sufficient 
to  meet  the  payment  of  any  bonds  or  stocks  falling  due  in  the  next 
following  calendar  year  redeemable  therefrom  it  shall  be  the  duty  ol 
said  Board  of  Estimate  and  Apportionment,  and  it  is  hereby  re- 
quired, to  include  in  the  annual  budget  for  such  year,  to  be  raised 
by  tax  on  the  estates,  real  and  personal,  in  said  City,  subject  to  tax- 
ation, such  an  amount  to  be  applied  to  the  payment  of  said  bonds 

99 


or  stocks  as  shall  be  certified  by  said  Commissioners,  and  the 
amount  so  included  in  said  estimate  shall  be  paid  into  said  sinking 
fund  and  applied  as  in  this  section  specified. 

Certain  City  bonds  and  stocks.    Annual  provisions  to  meet  payment  of. 

Sec.  229.  For  the  payment  of  all  bonds  and  stocks  of  the  May  or» 
Aldermen  and  Commonalty  of  the  City  of  New  York  issued  after 
June  third,  one  thousand  eight  hundred  and  seventy-eight,  and  for 
the  payment  of  all  bonds  and  stocks  hereafter  issued  by  The  City  of 
New  York,  as  hereby  constituted,  and  for  which  no  provision  for  the 
payment  thereof,  otherwise  than  from  taxation,  is  made,  except  rev- 
enue bonds  issued  in  anticipation  of  the  collection  of  taxes  there  shall 
annually  be  set  apart  or  paid  over  to  the  Commissioners  of  the  Sink- 
ing Fund  as  hereinafter  directed,  and  invested  by  them  in  the  manner 
provided  by  law,  a  sum  sufficient  with  the  accumulation  of  interest 
tihereon  to  meet  and  discharge  the  amount  of  said  bonds  or  stocks  by 
the  time  the  same  shall  be  payable,  as  the  same  shall  be  estimated  and 
certified  by  the  Comptroller.  The  said  annual  sum  so  to  be  set  apart 
or  paid  over  and  invested,  except  so  far  as  it  relates  to  bonds  and 
stocks  issued  on  or  after  January  first,  one  thousand  eight  hundred 
and  ninety-eight,  and  bonds  issued  to  provide  for  the  supply  of 
water,  shall,  until  other  provision  therefor  may  be  hereafter  made 
by  law,  be  set  apart  out  of  the  surplus  income,  revenues  and  ac- 
cumulations of  the  Sinking  Fund  for  the  redemption  of  the  City 
debt  as  now  established  by  law,  after  fully  providing  for  the  pay- 
ment of  the  stocks  and  bonds  of  said  City  now  outstanding,  and 
which  by  sections  212  and  213  of  this  Act  are  declared  to  be  and 
are  made  preferred  claims  upon  said  Sinking  Fund,  and  also  for 
the  payment  of  such  other  bonds  and  stocks  of  said  City  as  by 
said  section  213  of  this  Act  are  authorized  to  be  paid  from  said 
Sinking  Fund.  Whenever,  and  as  often  as  the  Commissioners 
of  the  Sinking  Fund  shall  certify  to  the  Board  of  Estimate 
and  Apportionment  that  the  said  surplus  revenues  of  said  Sink- 
ing Fund  will  in  the  opinion  of  said  Commissioners  be  less  than  the 
amount  by  this  section  required  to  be  set  apart  or  paid  over  to  said 
Commissioners  for  the  purposes  aforesaid,  and  certifying  the  amount 
of  such  deficiency,  it  shall  be  the  duty  of  said  Board  of  Estimate 

100 


and  Apportionment,  and  the  Municipal  Assembly,  to  include  in  the 
annual  budg^et  for  the  year  next  ensuing  to  be  raised  by  tax  on  the 
estates  real  and  personal  in  said  City  subject  to  taxation,  the  amount 
of  the  deficiency  certified  as  aforesaid,  and  this  amount  so  raised  by 
tax  shall  be  paid  to  the  Commissioners  of  the  Sinking  Fund  on  the 
first  day  of  November  of  the  year  in  which  the  same  shall  be  levied. 

Items  to  be  included  in  annual  estimate. 

Sec.  230.  The  Board  of  Estimate  and  Apportionment  shall  an- 
nually include  in  its  final  estimate  the  following  sums,  which  shall 
annually  be  raised  and  appropriated: 

First. — Such  sum  in  any  year,  as  shall  be  included  in  the  esti- 
mate of  the  Department  of  Highways,  to  be  expended  in  repav- 
ing  or  resurfacing  such  streets,  roads,  avenues,  and  public  places 
in  the  said  City  as  shall  be  certified  to  the  Municipal  Assembly  by 
the  Commissioner  of  Highways  as  required  to  be  repaved  for  the 
safety,  health,  or  convenience  of  the  public,  and  as  said  Assem- 
bly, shall  by  ordinance  or  resolution  direct. 

Second. — Such  sum  as  said  Board  may  deem  necessary  in  the  in- 
terest of  the  City,  to  be  expended  by  the  Commissioner  of  Water 
Supply  when  thereto  authorized  by  the  Municipal  Assembly,  ac- 
cording to  law,  in  extending  and  enlarging  the  distribution  of 
water  through  the  City. 

Third. — All  necessary  sum  or  sums  of  money  for  the  purpose  of 
paying  the  expense  incurred  by  any  coroner,  in  accordance  with  law, 
in  employing  scientific  experts,  engineers  and  toxicologists. 

Fourth. — The  amount  fixed  by  said  Board  for  clerk  hire  and 
contingent  and  incidental  expenses  of  the  offices  of  Commission- 
ers of  Jurors,  but  not  exceeding  the  amount  fixed  by  law. 

Fifth. — A  sum  not  exceeding  eight  thousand  dollars  to  be  paid  to 
the  trustees  of  the  Seventh  Regiment  armory  building,  as  an  equiv- 
alent and  in  lieu  of  the  rental  of  an  armory  for  said  regiment,  to  be 
applied  to  the  preservation,  maintenance  and  improvement  of  said 
armory  building,'as  provided  in  chapter  518  of  the  Laws  of  1893, 
said  sum  to  be  paid  in  the  month  of  January  in  each  year. 

101 


Sixth. — The  sum  or  sums  authorized  to  be  expended  in  accord- 
ance with  law  for  the  purchasing  and  leasing  of  lands  and  the  erec- 
tion or  leasing  of  buildings  for  armories  and  drill-rooms. 

Seventh. — The  amount  necessary  for  the  maintenance  of  the 
buildings,  instruments  and  equipments  of 

1.  The  Meteorological  and  Astronomical  Observatory. 

2.  The  American  Museum  of  Natural  History,  not  ex- 
ceeding ninety-five  thousand  dollars. 

3.  The  Metropolitan  Museum  of  Art,  not  exceeding 
ninety-five  thousand  dollars. 

Eighth. — Such  sum,  not  exceeding  seventy-five  thousand  dol- 
lars, as  is  included  in  the  departmental  estimates  submitted  to  it 
by  the  Department  of  Public  Charities,  to  be  applied  to  the  relief 
of  poor  adult  blind  persons. 

Ninth. — The  sum  of  ten  thousand  dollars  to  the  credit  of  the 
Department  of  Health  to  be  known  as  the  tenement  house  fund, 
to  be  expended  by  the  Board  of  Health. 

Tenth. — Such  sum  as  is  necessary  to  pay  the  expenses  of  the  reg- 
istration and  revision  of  registration  required  by  law,  and  of  all 
elections  held  in  said  City  during  the  year. 

Eleventh, — Such  sum  as  may  be  necessary  to  pay  the  compen- 
sation payable  according  to  law  to  justices  of  the  Supreme  Court 
from  judicial  Departments,  other  than  the  first  judicial  district, 
who  hold  court  in  the  first  judicial  Department. 

Twelfth, — Such  sum  as  may  be  necessary  to  pay  the  salaries 
of  county  officers  within  the  counties  of  New  York, 
Kings  and  Richmond,  and  likewise  all  other  expenses  within  said 
counties  and  each  of  them  which  are  county  as  distinguished  from 
City  charges  and  expenses. 

Thirteenth. — The  amount  necessary  for  the  suipport  of  the  night 
medical  service ;  but  in  no  case  shall  the  sum  so  appropriated  exceed 
three  thousand  dollars  for  any  one  year,  unless  otherwise  pro- 
vided by  said  Board  and  the  Municipal  Assembly. 

Fourteenth. — To  pay  the  proportion  of  expense  chargeable  to 

102 


the  City  for  the  building,  maintenance,  and  repair  of  the  public 
bridges,  which  are  now  built,  or  which  may  hereafter  be  built, 
between  the  city  of  New  York,  as  hitherto  existing  and  the  adja- 
cent municipal  corporations. 

Fifteenth. — The  amount  necessary  to  pay  the  expense  of  pro- 
curing and  preparing  surveys  and  maps  for  Commissioners  of  Esti- 
mate and  Assessments,  appointed  in  any  proceeding  to  open  any 
street,  avenue,  or  public  park  or  place. 

Sixteenth. — The  sum  necessary  to  pay  the  salaries  of  the 
janitors  of  the  district  courts. 

Seventeenth. — Such  sum  as  is  necessary  for  defraying  the  ex- 
penses incurred  in  carrying  out  the  provisions  of  sections  1093, 
1094,  and  1095,  of  Chapter  410,  of  the  Laws  of  1882. 

Eighteentih. — Such  sum  as  may  be  necessary  to  pay  the  ex- 
penses of  the  Magistrates'  courts  and  the  Board  of  City  Magis- 
trates incurred  in  accordance  with  law. 

Nineteenth. — Such  sum  as  may  be  necessary  to  provide  for  the 
compilation  and  publication  of  the  registry  of  voters. 

Twentieth. — Such  sum  as  may  be  required  by  the  trustees  of  the 
College  of  the  City  of  New  York,  pursuant  to  section  1131  of 
this  Act. 

Twenty-first. — Such  sum  as  may  be  required  by  the  trustees 
of  the  Normal  College,  in  the  City  of  New  York,  pursuant  to  the 
provisions  of  section  1142  of  this  Act. 

Twenty-second. — The  sums  necessary,  in  the  discretion  of 
said  Board,  to  make  the  following  described  payments,  namely: 

1.  To  the  American  Female  Guardian  Society  for  the  mainten- 
ance of  each  girl  under  the  age  of  fourteen  and  each  boy  under  the 
age  of  ten  years,  committed  to  such  society  by  any  magistrate  in  the 
City  of  New  York,  the  sum  of  two  dollars  per  week  for  each  and 
every  week  until  such  child  is  discharged  or  removed  from  the  insti- 
tution of  such  society.  And  also  the  sum  of  twenty-five  thousand 
dollars,  to  be  applied  to  the  support  of  the  industrial  schools  and 
other  charitable  work  of  the  said  society. 

103 


2.  To  the  New  York  Society  for  the  Prevention  of  Cruelty  to 
Children  the  >um  of  thirty  thousand  dollars  for  the  uses  and  pur- 
poses of  said  society. 

3.  To  the  New  York  Society  for  the  Relief  of  the  Ruptured  and 
Crippled,  the  sum  of  one  hundred  and  fifty  dollars  for  the  support 
of  ever}'^  crippled  child  received  and  retained  in  their  hospital  for 
one  y^r,  and  a  proportionate  sum  for  a  shorter  period, 

4.  To  the  New  York  Infirmary  for  Women  and  Children,  twen- 
ty-five dollars  for  each  homeless  or  needy  mother  who  received  care 
and  attendance  in  lying-in  wards  of  the  New  York  Infirmary  for 
Women  and  Children,  for  such  care  and  obstetric  attendance,  and 
the  further  sum  of  eighteen  dollars  per  month,  and  proportionately 
for  any  fraction  of  a  month,  for  each  mother  thus  domiciled  and  at- 
tended at  the  birth  of  her  child,  and  for  each  homeless  or  needy 
mother  with  a  nursing  infant  who  resides  at  said  infirmary  at  the 
request  of  or  by  permission  of  its  officers,  and  wet-nurses  her  own 
infant,  provided  such  residence  shall  exceed  the  period  of  two 
months,  but  the  said  monthly  allowance  of  eighteen  dollars  shall 
not  be  paid  for  a  longer  period  than  one  year  for  any  mother  so  re- 
maining continuously.  And  to  the  New  York  Medical  College  and 
Hospital  for  Women,  twenty-five  dollars  for  each  needy  mother  who 
has  received  care  and  obstetric  attendance  at  her  home,  or  in  the 
lying-in  wards  of  the  said  hospital,'  for  such  care  and  obstretric  at- 
tendance, and  the  further  sum  of  eighteen  dollars  per  month  and  pro- 
portionately for  each  fraction  of  a  month  for  each  mother  attended 
at  the  birth  of  her  child  and  domiciled  at  such  hospital,  but  not  for 
a  longer  period  than  one  year,  and  also  for  each  homeless  or  needy 
mother  with  a  nursing  infant  who  resides  at  said  hospital  at  the  re- 
quest of  or  by  permission  of  its  officers  and  wet-nurses  her  own  in- 
fant, provided  such  residence  shall  exceed  the  period  of  two  months. 
But  such  sums  to  the  New  York  Medical  College  and  Hospital  for 
Women  shall  not  exceed  eight  thousand  dollars  in  the  aggregate  in 
any  one  year. 

5.  To  the  Children's  Fold  of  the  City  of  New  York,  the  sum  of 

104 


two  dollars  per  week  for  each  and  every  orphan,  half-v^rphan  and 
destitute  child  received  and  supported  by  said  institution,  tihe  ex- 
pense of  whose  support  is  not  paid  by  private  parties, 

6.  To  the  New  York  Institution  for  the  Blind,  fifty  dollars  for 
each  State  pupil  sent  to  and  received  in  said  institution  from  said 
City,  whose  parents  or  guardians  shall,  in  the  opinion  of  the  Su- 
perintendent of  Public  Instruction,  be  unable  to  furnish  them  with 
suitable  clothing,  to  be  by  it  applied  to  furnishing  such  pupils  with 
suitable  clothing  while  in  said  institution. 

7.  To  the  Children's  Aid  Society,  the  sum  of  ten  thousand  dollars 
for  the  usies  and  purposes  of  said  society.  And  also  the  sum  of  thir- 
ty thousand  dollars  to  be  applied  to  the  care  and  education  in  the 
industrial  schools  of  said  City,  of  destitute  children  not  attending 
the  common  sdhools  in  the  City  of  New  York.  And  also  the  sum  of 
thirty  thousand  dollars  to  be  applied  to  the  support  of  the  boys'  and 
girls'  lodging  houses,  of  the  said  society.  To  St.  John's  Guild,  of  the 
City  of  New  York,  the  sum  of  thirty  thousand  dollars,  to  be  applied 
to  'the  maintenance  and  operation  of  its  hospitals,  to  the  support  of 
its  other  charitable  work  and  to  the  general  uses  and  purposes  of  said 
society,  and  to  the  Sanitarium  for  Hebrew  Children  in  the  City  of 
New  York,  the  sum  of  five  thousand  dollars  to  be  applied  to  the  sup- 
port of  its  charitable  work. 

8.  To  the  Foundling  Asylum  of  the  Sisters  of  Charity  and  to  the 
Babies'  Hospital  of  the  City  of  New  York,  respectively,  at  the  rate 
of  thirty-eight  cents  per  day  for  each  and  every  foundling  or  infant 
receiv»ed  and  maintained  by  them.  And  also  for  each  and  every 
homeless  and  needy  mother  with  a  nursing  infant,  who  shall  reside 
at  the  asylum,  or  at  said  hospital,  by  request  of  its  officers,  and  nurse 
her  own  infant,  the  sum  of  eighteen  dollars  per  month.  To  the  ba- 
bies' wards  of  the  Post-Graduate  Hospital  in  the  City  of  New  York, 
at  the  rate  of  thirty-eight  cents  per  day  for  each  and  every  infant 
received  and  cared  for  therein. 

9.  To  the  Nursiery  and  Childs'  Hospital,  the  sum  of  five  dollars 
per  week  for  every  destitute  woman  admitted  into  its  lying-in  wards, 

105 


according  to  the  time  cf  the  said  woman's  continuing  under  the  care 
of  the  said  institution,  and  the  further  sum  of  ten  dollars  per  month 
for  each  and  every  child  born  in  the  institution  or  supported  and 
maintained  by  said  institution,  whenever  it  may  be  necessary  or  ex- 
pedient to  place  said  child  in  the  country,  or  for  want  of  room  in  the 
institution  to  find  accommodation  for  it  elsewhere ;  and  also  the  sum 
of  ten  dollars  per  month  for  all  children  received  and  retained  in  the 
Nursery  and  Child's  Hospital,  in  the  City  of  New  York,  and  in  like 
proportion  for  any  fraction  of  a  year  for  each  and  every  destitute 
child  which  may  be  supported  and  maintained  in  said  institution. 
To  the  New  York  Polyclinic  Medical  School  and  Hospital,  for  board, 
nursing  and  medical  or  surgical  aid  and  attendance,  one  dollar  per 
day  for  each  needy  and  charity  patient  who  occupied  a  bed  in  said 
hospital  and  who  receives  such  care,  support  and  maintenance ;  such 
payments  not  to  exceed  in  the  aggregate  thirty  thousand  dollars  per 
annum.  To  the  New  York  Homeopathic  College  and  Hospital,  for 
board,  nursing  and  medical  or  surgical  aid  and  attendance,  one  dol- 
lar per  day  for  each  needy  and  charity  patient  who  occupies  a  bed  in 
the  Flower  Surgical  Hospital,  belonging  to  said  New  York  Homeo- 
pathic College  and  Hospital,  and  who  receives  such  care,  support 
and  maintenance;  such  payment  not  to  exceed  in  the  aggregate 
twelve  thousand  dollars  per  annum. 

10.  To  the  New  York  Infant  Asylum,  a  sum  of  money  at  the  rate 
of  thirty-eight  cents  per  day,  in  monthly  payments,  for  each  and 
every  child  received  and  maintained  by  said  asylum;  a  further  sum  of 
twenty-five  dollars  for  each  homeless  or  needy  mother  who  receives 
care  and  attendance  in  the  lying-in  wards  of  the  asylum ;  the  further 
sum  of  eighteen  dollars  per  month,  and  proportionately  for  any 
fraction  of  a  month,  for  each  homeless  or  needy  mother  who  is  dom- 
iciled in  the  asylum  and  attended  at  the  birth  of  her  child,  and  re- 
sides at  the  asylum  by  the  request  of  its  officers,  and  wet-nurses  her 
own  infant;  and  for  each  other  homeless  or  needy  mother  with  a 
nursing  infant  who  resides  at  the  asylum  by  the  request  of  its  offi- 
cers and  wet-nurses  her  own  infant ;  provided, however, that  in  each 
case  such  lesidence  must  exceed  t!he  period  of  two  months,  and  that 

106 


said  monthly  allowance  shall  not  be  paid  for  a  longer  period  than 
for  one  year  for  any  mother  so  remaining. 

11.  To  the  Shepherd's  Fold  of  the  Protestant  Episcopal  Church, 
in  the  State  of  New  York,  the  sum  of  five  thousand  dollars,  to  be  ap- 
plied to  the  purposes  and  objects  of  said  corporation. 

12.  To  the  New  York  Catholic  Protectory,  yearly,  the  sum  of 
one  hundred  and  ten  tiollars  per  capita,  on  the  average  number  of 
persons  annually  maintained  in  its  institutions;  the  average  number 
of  persons  thus  maintained  shall  be  ascertained  by  the  examination 
and  testimony,  under  oath  of  the  president  or  secretary  of  said  so- 
ciety. 

13.  To  the  Hebrew  Benevolent  Society,  of  the  City  of  New  York, 
one  hundred  and  ten  dollars  per  annum  and  proportionately  for  any 
fraction  of  a  year,  and  to  the  Hebrew  Sheltering  Guardian  Society, 
of  New  York,  one  hundred  and  four  dollars  per  annum  and  propor- 
tionately for  any  fraction  of  a  year  for  each  orphan,  half-orphan, 
and  indigent  child  comihitted  or  entrusted  to  its  care  in  pursuance 
of  the  provisions  of  law. 

14.  To  the  New  York  Juvenile  Asylum,  one  hundred  and  ten 
dollars  per  annum,  and  proportionately  for  any  fraction  of  a  year, 
for  each  child,  which,  by  virtue  and  in  pursuance  of  the  provisions 
of  chapter  three  hundred  and  thirty-two  of  the  laws  of  eighteen 
hundred  and  fifty-one,  as  amended  by  laws  of  eighteen  hundred  and 
fifty-eight,  chapter  forty-three,  laws  of  eighteen  hundred  and  sixty- 
three,  chapter  ninety-four,  and  laws  of  eighteen  hundred  and  sixty- 
six,  chapter  two  'hundred  and  forty-five,  shall  be  entrusted  or  com- 
mitted to  the  said  asylum,  and  shall  be  supported  and  instructed 
therein. 

15.  To  the  Roman  Catholic  House  of  the  Good  Shepherd, 
monthly  payments  at  the  rate  of  one  hundred  and  ten  dollars  per 
annum  for  each  female,  between  the  ages  of  fourteen  and  twenty- 
one,  committed  to  it  by  any  magistrate  in  accordance  with  chapter 

107 


four  hundred  and  nine,  of  the  laws  of  eighteen  hundred  and  sixty- 
seven.  V 

16,  To  the  Magdalen  Female  Benevolent  Asylum  and  Home 
for  Fallen  Women,  monthly  payments  at  the  rate  of  one  hundred 
and  ten  dollars  per  annum  for  each  female,  between  the  ages  of  four- 
teen and  twenty-one  years,  committed  to  it  by  any  magistrate,  in 
accordance  with  said  last  mentioned  law. 

17.  To  the  Protestant  Episcopal  House  of  Mercy,  monthly  pay- 
ments at  the  rate  of  one  hundred  and  ten  dollars  per  annum  for 
each  female,  between  the  ages  of  fourteen  and  twenty-one  years, 
committed  to  it  by  any  magistrate  in  accordance  with  said  last 
mentioned  law. 

18.  To  tihe  Five  Points  House  of  Industry,  the  sum  of  fifty-two 
dollars  per  year  for  each  and  every  orphan,  half-^orphan,  and 
destitute  child,  not  exceeding  two  hundred  children  in  any  one  year, 
received  and  supported  by  said  institution  for  each  year,  the  expense 
of  w^hose  support  is  not  paid  by  private  parties,  and  in  the  same 
proportion  for  the  part  of  a  year. 

19.  To  the  Association  for  Befriending  Children  and  Young 
Girls,  a  per  capita  allowance  of  one  dollar  a  week  for  each  female 
by  it  rescued,  supported,  instructed,  and  trained  to  useful  employ- 
ment, 

20.  To  the  Peabody  Home  for  Aged  and  Indigent  Women,  the 
sum  of  one  hundred  and  fifty  dollars  per  annum  for  each  and  every 
woman  therein  over  sixty-five  years  of  age  received  and  supported 
by  said  institution,  not  exceeding,  however,  the  sum  of  five  thousand 
dollars  in  any  one  year,  and  to  the  Sloan  Maternity  Hospital  in  the 
City  of  New  York,  the  sum  of  five  dollars  per  week  .for  every  desti- 
tute woman  admitted  into  its  lying-in  ward,  according  to  the  time  of 
the  said  woman  continuing  under  the  care  of  the  said  institution,  and 
the  further  sum  of  ten  dollars  per  month  for  each  and  every  child 
born  in  the  institution  or  supported  and  maintained  by  said  institu- 
tion, but  such  sums  shall  not  exceed  eight  thousand  dollars  in  any 

108 


5^'^'~0f  THIS 

[igiriVBItSITT] 

one  year.  And  to  the  New  York  Female  Asylum  for  lying-in  wo- 
men, twenty-five  dollars  for  eadi  homeless  and  needy  mother  who 
has  received  care  and  attention  in  the  lying-in  ward  of  the  asylum, 
for  such  care  and  obstetric  attendance,  but  such  sums  shall  not  ex- 
ceed eight  thousand  dollars  in  any  one  year. 

21.  To  the  Mothers'  and  Babies  Hospital,  fifteen  dollars  for 
each  homeless  and  needy  mother  w!ho  has  received  care  and  atten- 
tion in  the  lying-in  ward  of  the  hospital,  for  such  care  and  obstetric 
attendance,  not  to  exceed  three  hundred  patients  in  any  one  year. 

22.  Such  other  sum  or  sums  as  are,  or  may  be  by  law  directed 
to  be  raised  and  paid  for  charitable  purposes  or  to  private  or  incor- 
porated societies,  associations,  asylums,  hospitals,  corporations,  in- 
stitutions, protectories,  home  or  schools. 

23.  The  Board  of  Estimate   and  Apportionment   are^  hereby 
authorized   in   their  discretion  to  include  in  their  annual  state- 
ments   and    estimates    the    following    specified    sums   of  money 
for     the     respective     purposes     herein     stated,     namely:      Four 
thousand     dollars     to     be     paid     to     the     Brooklyn     Hospital 
(formerly  City  Hospital);  four  thousand  dollars  to  be  paid  to  tht 
Long    Island    College    Hospital;    four    thousand    dollars    to  be 
paid  to  the  Brooklyn  Homcepathic  Hospital ;  fifteen  hundred  dol- 
lars to  be  paid  to  the  Brooklyn  Central  Dispensary ;  fifteen  hundred 
dollars  to  be  paid  to  the  Brooklyn  City  Dispensary ;  fifteen  hundred 
dollars  to  be  paid  to  the  Brooklyn  Eclectic  Dispensary ;  fifteen  hun- 
dred dollars  to  be  paid  to  the  Brooklyn  Homoeopathic  Dispensary; 
five  thousand  dollars  to  be  paid  to  the  Brooklyn  Eastern  District 
Dispensary  and  Hospital  (formerly  the  Williamsburgh  Dispensary) ; 
fifteen  hundred  dollars  to  be  paid  to  the  Long  Island  College  Dis- 
pensary; fifteen  hundred  dollars  to  be  paid  to  the  Gates  Avenue 
Homoeopathic  Dispensary;  four  thousand  dollars  to  be  paid  to  the 
Brooklyn  Nursery  and  Infants'  Hospital;  fifteen  hundred  dollars  to 
be  paid  to  the  Brooklyn  Eastern  District  Homoeopathic  Dispen- 
sary (formerly  the  Williamsburgh  Homoeopathic  Dispensary) ;  twen- 
ty-five hundre'd  dollars  to  be  paid  to  the  Brooklyn  Maternity  (for- 

109 


marly  Brooklyn   Lying-in  Asylum);   twenty-five  hundred  dollars 
Co  be  paid  to  the  Eye  and  Ear  Hospital  of  the  City  of  Brooklyn;  one 
thousand  dollars  to  be  paid  to  the  Southern  Dispensary  and  Hos- 
pital; fifteen  hundred  dollars  to  be  paid  to  the  Orthopedic  Dispen- 
sary; four  thousand  dollars  to  be  paid  to  the  Saint  Peter's  Hospital; 
fifteen  hundred  dollars  to  be  paid  to  the  Saint  Peter's  Dispensary; 
two  thousand  dollars  to  be  paid  to  the  Atlantic  Avenue  Dispensary; 
one  thousand  dollars  to  be  paid  to  the  Saint  Mary's  Dispensary;  two 
thousand  dollars  to  be  paid  to  the  Brooklyn  Diet  Dispensary ;  fifteen 
hundred  dollars  to  be  paid  to  the  Saint  Catherine's  Dispensary; 
four  thousand  dollars  to  be  paid  to  the  Saint  Catharine's  Hospital ; 
one  thousand  dollars  to  be  paid  to  the  Helping  Hand  Society  of 
Brooklyn;  one  thousand  dollars  to  be  paid  to  the  Sheltering  Arms 
Nursery  of  Brooklyn;  four  thousand    dollars    to   be    paid   to  the 
Brooklyn  Home  for  Consumptives ;  four  thousand  dollars  to  be  paid 
to  the  Memorial  Hospital  for  Women  and  Children;  four  thousand 
dollars  to  be  paid  to  the  Saint  Mary's  General  Hospital  of  the  City 
of  Brooklyn ;  fifteen  hundred  dollars  to  be  paid  to  the  Central  Hom- 
oeopathic Dispensary;  fifteen  hundred  dollars  to  be  paid  to  the 
Memorial  Dispensary;  fifteen  hundred  dollars  to  be  paid  to  th% 
Bushwick  and  East  Brooklyn  Dispensary;  fifteen  hundred  dollars  to 
be  paid  to  the  Dispensary  of  the  College  of  Physicians  and  Surgeons 
of  Saint  Mary's  Hospital  of  the  City  of  Brooklyn;  four  thousand  dol- 
lars to  be  paid  to  the  Methodist  Episcopal  Hospital  of  the  City  of 
Brooklyn;  two  thousand  dollars  to  be  paid  to  the  Saint  Mary's  Fe- 
male Hospital;  fifteen  hundred  dollars  to  be  paid  to  the  Lutheran 
Hospital  Association  of  the  City  of  New  York  and  vicinity;  four 
thousand  dollars  to  be  paid  to  the  Brooklyn  Throat  Hospital;  two 
thousand  dollars  to  be  paid  to  the  Bedford  Dispensary  and  Hospital; 
six  thousand  dollars  in  the  statement  and  estimate  in  the  year  eight- 
een hundred  and  ninety-six  and  four  thousand  dollars  in  each  year 
thereafter  to  be  paid  to  the  Saint  Martha's  Sanitarium  and  Dispens- 
ary;  three  thousand  dollars  to  be  paid  to  the  Central  Throat  Hospital 
and  Polyclinic  Dispensary;  three  thousand  dollars  to  be  paid  to  the 
Long  Island  Throat  Hospital  and  Eye  Infirmary  (formerly  the  Long 

110 


Island  Throat  and  Lung  Hospital  and  People's  Dispensary  Associa- 
tion) ;  four  thousand  dollars  to  be  paid  to  the  Norwegian  Lutheran 
Deaconesses'  Home  and  Hospital;  two  thousand  and  five  hundred 
dollars  to  be  paid  to  the  Brooklyn  Home  for  Aged  Colored  People; 
three  thousand  dollars  to  be  paid  to  the  Saint  Mary's  Maternity  and 
Infants'  Home;  two  thousand  dollars  to  be  paid  to  the  Memorial 
Training  School  for  Nurses ;  four  thousand  dollars  to  be  paid  to  the 
Church  Charity  Foundation  of  Long  Island  for  its  hospital;  twenty- 
five  hundred  dollars  to  be  paid  to  the  Home  of  Saint  Giles  the  Crip- 
ple ;  three  thousand  dollars  to  be  paid  to  the  Bushwick  Hospital ;  four 
thousand  dollars  to  be  paid  to  the  Brooklyn  Society  for  the  preven- 
tion of  Cruelty  to  Children  ;  two  thousand  dollars  to  be  paid  to  the 
Brooklyn  Training  School  and  Home  for  Young  Girls ;  fifteen  hun- 
dred dollars  to  be  paid  to  the  dispensary  of  the  Methodist 
Episcopal  Hospital;  twenty-five  hundred  dollars  to  b< 
paid  to  the  Low  Maternity;  fifteen  hundred  dollars  to  be 
paid  to  the  Brooklyn  Hospital  Dispensary;  two  thousand 
dollars  to  be  paid  to  the  Society  for  the  Aid  of  Friendlest 
Women  and  Children;  two  thousand  dollars  to  be  paid  to  the  Stoat 
Maternity  of  Brooklyn;  fifteen  liundred  dollars  to  be  paid  to  Saint 
Phoebe's  Mission ;  fifteen  hundred  dollars  to  be  paid  to  the  Orphan 
Asylum  Society  of  the  City  of  Brooklyn;  four  thousand  dollars  in 
the  statement  and  estimate  in  the  year  eighteen  hundred  and  ninety- 
six,  and  two  thousand  five  hundred  dollars  in  each  year  thereafter 
to  be  paid  to  the  Industrial  Home  for  the  Blind;  one  thousand  dol- 
lars to  be  paid  to  the  Homoeopathic  Hospital  Association  of  Brook- 
lyn; fifteen  hundred  dollars  to  be  paid  to  the  Brooklyn  Industrial 
School  Association  and  Home  for  Destitute  Children;  fifteen  hun- 
dred dollars  to  be  paid  to  the  Industrial  Home  School  Association 
of  Brooklyn,  Eastern  District;  twenty-five  hundred  dollars  to  be 
paid  to  the  Maternity  of  the  Long  Island  College  Hospital;  fifteen 
hundred  dollars  to  be  paid  to  the  Twenty-sixth  Ward  Homoeopathic 
Dispensary;  such  several  sums  of  money  to  be  paid  to  the  several 
institutions  in  consideration  of  their  contracting  to  render  and  ren- 
dering medical  and  surgical  aid  and  treatment  to  the  poor  of  the 
County  of  Kings  who  may  apply  to  them  therefor;  such  contract  to 

111 


be  in  writing,  executed  on  behalf  of  the  City  by  the  said  Mayor  and 
Comptroller,  and  also  by  the  executive  officers  of  said  association* 
respectively,  and  to  be  approved  by  the  Counsel  to  the  Corporation 
of  said  City,  to  be  filed  annually  on  or  before  the  thirty-first  day  of 
May,  in  the  office  of  the  Clerk  of  said  City. 

24.  Any  other  sum  or  sums  which  may  heretofore  have  been 
duly  authorized  by  law  to  be  paid  by  tax  within  The  City  of  New 
York,  or  any  part  thereof,  as  constituted  by  this  Act,  for  the 
education  and  support  of  the  blind,  the  deaf  and  dumb  and  juve- 
nile delinquents,  and  for  the  care,  support,  maintenance  and  secular 
education  of  inmates  of  orphan  asylums,  protectories,  homes  for 
dependent  children  or  correctional  institutions,  or  to  charitable, 
eleemosynary,  correctional  and  reformatory  institutions  wholly  or 
partly  under  private  control  for  care,  support  and  maintenance,  as 
in  such  law  specified.  The  final  estimate  shall  specify  each  institu- 
tion by  its  corporate  name  and  the  sum  to  be  paid  thereto,  with  a 
reference  to  the  laws  authorizing  the  appropriation;  and  the  Comp- 
troller is  authorized  to  pay  the  sum  to  such  institution  upon  its  ap- 
pearing to  his  satisfaction  in  such  manner  as  he  shall  prescribe  that 
the  exdenditure  thereof  by  the  institution  is  lawfnl  and  proper. 

Board  of  Estimate  and  Apportionment  to  audit  charges  against  City  for 
costs,  etc. 

Sec.  231.    The  Board  of  Estimate  and  Apportionment  is  here- 
by autliorized  to  audit  and  allow,  as  charges  against  the  City,  the 
reasonable  costs,  counsel  fees  and  expenses  paid  or  incurred,  or 
which  shall  hereafter  be  paid  or  incurred  by  any  commissioner,  city 
magistrate  or  police  justice  who  shall  have  been  a  successful  party 
in  any  proceedings  or  trial  to  remove  him  from  office,  or  who  shall 
bring  or  defend  any  action  or  proceeding,  in  which  the  question  as 
to  his  title  to  office  is  in  any  way  presented,  or  involved,  or  in  which 
it  is  sought  to  convict  him,  or  to  review  or  prohibit  any  such  re- 
moval or  to  obtain  possession  of  his  office,  or  by  any  commissioner 
for  the  proper  presentation  and  justification  of  his  official  conduct 
before  any  body  or  tribunal  lawfully  investigating  the  same,  and  not 

112 


officially  recommending  his  removal  from  office.  The  Board  of  Es- 
timate and  Apportionment  and  the  Municipal  Assembly  are 
hereby  authorized  and  directed  to  cause  to  be  included  in  the 
budget  for  the  year  following  such  audit,  an  amount  sufficient  to 
pay  the  revenue  bonds  directed  to  be  issued  by  the  said  Comp- 
troller pursuant  to  section  188  of  this  Act,  with  all  interest  due 
or  to  become  due  thereon. 

Deficiencies:  how  provided  for. 

Sec.  232.  The  amount  raised  by  assessment,  pursuant  to  the 
provisions  of  chapter  one  hundred  and  ninety-'one,  of  the  laws  of 
eigthteen  hundred  and  eighty,  shall  be  collected  and  paid  into  the 
City  treasury,  and  applied  toward  the  payment  of  revenue  bonds 
issued  under  said  chapter.  If  any  deficiency  shall  arise  from  any 
cause,  and  a  sufficient  amount  shall  not  be  realized  from  such 
assessment  to  pay  fifty  thousand  dollars  of  the  revenue  bonds  issued 
pursuant  to  said  chapter,  with  the  interest  thereon,  such  deficiency 
shall  be  provided  for  by  the  Board  of  Estimate  and  Apportion- 
ment and  the  Municipal  Assembly,  by  including  the  same  in 
the  annual  appropriation  first  made,  after  the  amount  of  such 
deficiency,  if  any,  shall  be  ascertained. 

Salaries  of  certain  officers. 

Sec.  233.  The  salaries  of  all  officers  paid  from  the  City 
treasury  not  embraced  in  any  department  shall  be  fixed  by  the 
Municipal  Assembly  and  the  Board  of  Estimate  and  Apportion- 
ment, unless  otherwise  provided  by  law  or  by  this  Act. 

List  of  persons  and  salaries  not  within  a  department. 

Sec.  234.  The  Board  of  Estimate  and  Apportionment  shall 
file  with  the  final  estimate  during  the  month  of  December  in  each 
year  a  schedule  of  the  names  of  all  persons  not  within  a  department 
employed  under  the  City  government,  the  designation  of  their 
offices  and  employment,  respectively,  and  the  salaries  and  compen- 
sation fixed  for  each,  which  said  schedule  shall  be  published  in  the 
City  Record. 

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Issue  of  certain  stock  and  bonds  authorized ;   Tra7isfers  of  appropri- 
ations. 

Sec.  235.  The  Board  of  Estimate  and  Apportionment  may 
at  any  time,  as  occasion  may  require,  by  the  affirmative  vote  of 
three  members,  autihorize  the  issue  of  any  stocks  or  bonds  for  the 
purpose  of  withdrawing,  or  taking  up  at  maturity  any  stocks  or 
bonds  outstanding;  but  the  said  bonds  or  their  proceeds  shall  be 
applied  exclusively  to  the  payment,  purchase,  and  extinction  of 
such  maturing  bonds  in  such  manner  that  the  aggregate  of  the 
stocks  or  bonds  of  said  City  outstanding  shall  not  be  increased 
thereby  for  a  longer  period  than  is  necessary  in  effecting  said 
change.  The  said  Board  of  Estimate  and  Aipportionxnent 
may,  from  time  to  time,  on  the  application  of  the  head 
of  any  department,  authorize  the  transfer,  from  one  bureau 
or  purpose  to  another  in  the  same  department,  of  any 
sum  theretofore  appropriated  for  the  purpose  of  such  department 
or  bureau. 

Appropriation  for  prevention  of  contagious  diseases. 

Sec.  236.  For  the  prevention  of  dangers  from  contagious  or 
infectious  diseases  found  to  exist  in  any  part  of  the  City,  or  for  the 
care  of  persons  exposed  to  danger  from  contagious  or  infectious 
diseases,  the  Municipal  Assembly  and  the  Board  of  Estimate 
and  Apportionment  may  appropriate  to  the  use  of  the 
Health  Department  money  in  excess  of  the  annual  estimate 
and  appropriation  for  any  year  to  the  amount  that  shall 
be  declared  necessary  for  such  purpose  by  resolution  of  the 
Board  of  Health;  not,  however,  to  exceed,  in  the  aggregate,  the 
sum  of  eighty  thousand  dollars  in  excess  of  such  annual  appropri- 
ation, and  if  any  sum  or  sums  of  money  shall  be  so  appropriated 
by  said  Municipal  Assembly  and  said  Board  of  Estimate  and  Ap- 
portionment in  any  year  prior  to  the  date  of  the  certificate  of  the 
Comptroller  to  the  Municipal  Assembly  of  the  aggregate  amount 
of  the  budget  for  such  year,  the  amount  thereof  shall  be  added  to 
such  final  estimate,  and  included  in  the  tax  levy  in  sutch  year. 

114 


Board  of  Estimate  may  transfer  excess  of  appropriations. 

Sec.  237.  The  Board  of  Estimate  and  Apportionment  shall, 
have  the  power  at  any  time  to  transfer  any  appropriation  for  any 
year  which  may  be  found,  by  the  head  of  the  department  for  which 
such  appropriation  shall  have  been  made,  to  be  in  excess  of  the 
amount  required  or  deemed  to  be  necessary  for  the  purposes  or  ob- 
jects thereof,  to  such  other  purposes  or  objects  for  which  the  ap- 
propriations in  such  year  are  insufficient,  or  such  as  may  require 
the  same.  But  nothing  in  the  power  thus  conferred  shall  authorize 
the  transfer  by  said  Board  of  an  appropriation  made  for  any  object 
or  purpose,  in  one  year,  to  any  purpose  or  object,  whether  an  ap- 
propriation has  been  made  therefor  or  otherwise,  in  any  subse- 
quent year.  And  any  balance  of  appropriations  remaining  unex- 
pended ait  the  close  of  any  fiscal  year,  after  allowing  sufficient  to 
satisfy  all  claims  payable  therefrom,  and  also  any  balance  to  the 
credit  of  any  account  of  moneys  which  have  been  or  may  hereafter 
be  paid  into  the  treasury  of  tihe  City,  under  existing  laws,  appro- 
priated or  authorized  to  be  expended  for  any  specific  purpose,  and 
which  the  said  Board  of  Estimate  and  Apportionment  may  deter- 
mine not  to  be  necessary,  or  to  be  in  excess  of  the  amount  required 
therefor,  may,  at  any  time,  but  not  less  than  sixty  days  after  the  ex- 
piration of  the  year  for  which  such  appropriations  are  made,  or 
sixty  days  after  the  expiration  of  the  year  during  which  the  moneys 
aforesaid  were  paid  into  the  treasury  of  the  City,  after  allowing 
sufficient  to  satisfy  all  claims  payable  from  such  appropriations,  or 
whiVli  the  Comptroller  shall  certify  should  be  paid  from  said 
moneys  paid  into  the  treasury,  as  aforesaid,  be  transferred  by  the 
Comptroller,  with  the  approval  of  tihe  said  Board  of  Estimate  and 
Apportionment,  to  the  general  fund  of  the  City,  and  applied  to 
the  reduction  of  taxation.  The  approval  by  the  Board  of  Estimate 
and  Apportionment  of  the  certificate  of  the  Comptroller,  as  afore- 
said, shall  be  an  appropriation  of  the  amounts  therein  stated  to  the 
object  or  purposes  in  said  certificate  specified. 
Appropriations  out  of  excise  moneys  to  Home  for  Girls. 

Sec.  238.     There  may  be  paid  annually,   out  of  the  excise 

115 


moneys  of  the  City  of  New  York,  to  the  Home  for  Fallen  and 
Friendless  Girls,  in  said  City,  the  sum  of  one  hundred  and  fifty  dol- 
lars, for  the  support  of  every  fallen  amd  friendless  girl  received  and 
supported  by  said  corporation  in  their  Home  for  Fallen  and  Friend- 
less Girls  for  the  year  for  which  such  payment  shall  be  made,  and  a 
proportional  sum  for  a  shorter  period  in  the  same  year. 

Street  sweeping  contracts  to  he  approved  by  Board. 

Sec.  239.  The  terms  and  conditions  of  all  contracts  for  streets 
sweeping  and  cleaning,  or  for  the  collection  of  ashes  and  garbage, 
shall,  before  they  are  entered  into,  be  approved  by  the  Board  of  Es- 
timate and  Apportionment. 

Excise  moneys:  how  appropriated. 

Sec.  240.  Said  Board  of  Estimate  and  Apportionment  is 
authorized,  from  time  to  time,  in  sums  according  to  its  discretion, 
by  resolution  of  said  Board,  to  appropriate  from  excise  moneys 
obtained  from  either  local  or  state  boards  or  officers,  for  taxes 
or  licenses  for  the  sale  of  intoxicating  liquors,  to  such  benevolent  or 
charitable  institutions  in  said  City  which  shall  gratuitously  aid,  sup- 
port or  assist  the  poor  thereof,  as  may  seem  to  said  Board  deserving 
or  proper,  but  no  such  resolutions  shall  be  valid  unless  adopted 
by  a  majority  vote  of  all  the  members  of  said  Board;  and  the  Comp- 
troller shall  draw  'his  warrants  in  favor  of  such  institutions  respec- 
tively mentioned  in  such  resolutions,  according  to  the  tenor  there- 
of, and  the  Chamberlain  shall  pay  such  -warrants  out  of  the  said 
moneys  received  for  licenses.  The  term  "poor,"  as  used  in  this 
section,  shall  only  include  persons  who  would  otherwise  become  a 
charge  upon  said  City,  as  foundlings,  Wph'SLns,  or  such  prostituted 
or  fallen  women  or  juvenile  delinquents  a^'«i%  be  committed  to  or 
cared  for  gratuitously,  in  or  by  any  reforrifiitory  institution,  pro- 
tectory, or  juvenile  asylum,  persons  who  SSt^  supported,  relieved, 
or  cared  for  gratuitously,  in  or  by  any  charitable  institution  for  the 
care  or  relief  of  the  ruptured  or  crippled,  the  cure  of  hip  or  spinal 
diseases,  tihe  sick,  or  the  destitute,  friendless,  or  infirm,  including 

116 


children  of  volunteers  who  died  in  the  late  Civil  War,  and  the  care 
and  instruction  of  idiots,  the  deaf  and  dumb,  the  blind  and  the  in- 
sane. No  payments  shall  be  made,  in  pursuance  of  this  section, 
except  as  a  per  capita  allowance  for  the  poor  and  destitute  persons 
actually  supported,  treated,  cared  for,  or  educated  in  the  institu- 
tions referred  to  in  this  section,  except  in  the  case  of  the  American 
Female  Guardian  Society  and  Home  for  the  Friendless,  the  Chil- 
dren's Aid  Society,  and  the  Shepherd's  Fold  of  the  Protestant  Epis- 
copal Church,  which  shall  severally  receive  only  the  same  amounts 
as  provided  by  other  provisions  of  law.  The  said  Board  of  Esti- 
mate and  Apportionment  is  also  authorized,  from  time  to  time,  and 
in  sums  according  to  its  discretion,  to  appropriate,  by  resolution  of 
said  Board,  all  moneys  derived  from  penalties  and  fines,  recovered, 
pursuant  to  sections  1473,  1481  and  1482  of  this  Act,  and  all 
moneys  from  licenses,  provided  for  in  chapter  twenty-two,  title 
two  of  this  Act,  to  whatever  benevolent  or  charitable  institutions 
may  seem  to  such  Board  deserving  or  proper ;  but  no  such  resolu- 
tion shall  be  valid  unless  adopted  by  vote  of  a  majority  of  said 
Board ;  and  the  Comptroller  of  said  City  is  hereby  authorized  and 
dirccced  to  draw  his  warrants  in  favor  of  tlie  corporatloiis,  socie- 
ties, or  charitable  institutions,  respectively  mentioned  in  such 
resolution  according  to  the  tenor  thereof ;  and  the  Chamberlain 
of  said  City  shall  pay  such  warrants  out  of  the  said  moneys  re- 
ceived for  such  penalties,  fines  and  licences. 

Appropriations  for  contesting  office  to  he  made  for  prevailing  party 

only. 

Sec.  241.  No  appropriation  or  payment  for  the  contesting  of 
the  office  of  Mayor,  or  any  seat  in  the  Municipal  Assembly,  or 
Dffice  in  any  department,  or  the  office  of  any  officer  whose  salary  is 
paid  from  the  City  treasury,  shall  be  made  to  any  but  the  prevailing 
party.  Nor  shall  any  such  appropriations  or  payment  be  made  to 
such  prevailing  party  except  upon  the  written  certificate  of  the 
chief  officer  of  the  Law  Department,  and  of  the  Presiding  Justice 
of  the  Appellate  Division  of  the  first  department  of  the  Supreme 
Court  certifying  who  is  such  prevailing  party,   and  the  value  of 

117 


the  services  rendered  in  the  case.  In  case  an  officer  or  clerk  is 
ordered  to  be  examined,  in  pursuance  of  law,  the  Corporation 
Counsel  shall  assign  some  one  from  his  department  as  counsel 
for  the  officer  or  clerk  making  the  application. 


Title  6. 


LEVYING     TAXES. 


Comptroller's  duties. 

^     Sec.  247.     It  shall  be  the  duty  of  the  Comptroller  of    said 
The  City  of  New  York  to  prepare  and  submit  to  the  Municipal  As- 
sembly, at  least  four  weeks  before  their  annual  meeting,  for  the 
purpose  of  imposing  the  annual  taxes,  a  statement,  setting  forth 
the  amounts  by  law  authorized  to  be  raised  by  tax  in  that  year,  on 
account  of  the  Corporation  of  The  City  of  New  York,  as  hereby 
constituted,  or    for    City  purposes    within    said    City,   and  also 
an     estimate    of    the    probable    amount    of     receipts     by    the 
City    Treasury    during    the    then    current    year,    from    all    the 
sources    of    revenue    of    said    general    fund,    including    surplus 
revenues  from  the  sinking  fund,  available  in  accordance  with  law, 
other  than  the  surplus  revenues  of  the  sinking  fund,  for  the  pay- 
ment of  the  City  debt,  and  the  said  Mtmicipal  Assembly  are  hereby 
authorized  and  directed  to  deduct  the  total  amount  of  such  esti- 
mated receipts  from  the  aggregate  amount  of  all  the  various  sums 
which,  by  law,  t!hey  are  required  to  ofder,  and  cause  to  be  raised  by 
tax  in  said  year,  for  the  purposes  aforesaid,  and  to  cause  to  be 
raised,  by  tax  ondy,  the  balance  of  said  aggregate  amount,  after 
making  such  deduction. 

Deficiencies:  limits  of:  levies  for. 

Sec.  248.     It  shall  be  the  duty  of  the  Municipal  Assembly  to 
include,  in  lany  and  every  ordinance  or  resolution  passed  by  them, 

118 


imposing  and  levying  taxes  for  any  purpose  or  purposes  authorized 
by  law,  such  sum,  in  addition  to  the  aggregate  amount  required  for 
such  purposes,  as  they  shall  deem  necessary,  not  exceeding  three 
per  cent,  of  said  aggregate  amount,  to  provide  for  deficiencies  in 
the  actual  product  of  the  amount  imposed  and  levied  therefore. 

Aggregate  amount  apportioned  to  be  certified  to  Municipal  Assembly 
and  raised. 

Sec.  249.  The  aggregate  amount  estimated  by  the  Municipal 
Assembly  and  the  Board  of  Estimate  and  Apportionment,  in  the  an- 
nual budget,  shall  be  certified  by  the  Comptroller  to  the  Municipal 
Assembly;  and  it  shall  be  the  duty  of  said  Municipal  Assembly, 
injoint  session  of  both  houses,  and  they  are  hereby  empowered  and 
directed  annually  to  cause  to  be  raised,  according  to  law,  and  col- 
lected by  tax  upon  the  estates,  real  and  personal,  subject  to  taxation 
within  the  City  of  New  York,  the  amount  so  certified,  as  aforesaid. 


119 


CHAPTER  VII. 


LAW  DEPARTMENT. 


Corporation  Counsel  to  be  the  head  of  the  Law  Department;  duties, 
salary. 

Section  255.  There  shall  be  a  Law  Department  of  The  City 
of  New  York,  the  head  whereof  shall  be  called  the  Corporation 
Counsel,  who  shall  be  the  attorney  and  counsel  for  the  City  of 
New  York,  the  Mayor,  the  Municipal  Assembly  and  each  and 
every  officer,  board  and  department  of  said  city.  The  salary  of 
the  Corporation  Counsel  shall  be  fifteen  thousand  dollars  a 
year.  The  Corporation  Counsel  shall  have  charge  and  conduct 
of  all  the  law  business  of  the  Corporation  and  its  departments 
and  boards  and  of  all  law  business  in  which  The  City  of  New 
York  is  interested.  He  shall  have  charge  and  conduct  of  the 
legal  proceedings  necessary  in  opening,  widening,  altering  and 
closing  streets,  and  in  acquiring  real  estate  or  interests  therein 
for  the  City  by  condemnation  proceedings,  and  the  preparation 
of  all  leases,  deeds,  contracts,  bonds  and  other  legal  papers  of 
the  City,  or  of,  or  connected  with  any  department,  board  or 
officer  thereof,  and  he  shall  approve  as  to  form  all  such  con- 
tracts, leases,  deeds,  bonds  and  other  legal  papers.  He  shall  be 
the  legal  adviser  of  the  Mayor,  the  Municipal  Assembly  and  the 
various  departments,  boards  and  officers  and  it  shall  be  his  duty 
to  furnish  to  the  Mayor,  the  Municipal  Assembly  and  to  every 
department,  board  and  officer  of  the  City  all  such  advice  and 
legal  assistance  as  counsel  and  attorney  in  or  out  of  court  as  may 
be  required  by  them  or  either  of  them,  and  for  that  purpose  the 
Corporation  Counsel  may  assign  an  assistant  or  assistants  to  any 
department  that  he  shall  deem  to  need  the  same.  No  officer 
board,  or  department  of  the  City,  unless  it  be  herein  otherwise 

120 


especially  provided,  shall  have  or  employ  any  attorney  or  coun- 
sel. The  Corporation  Counsel  shall  have  the  right  to  institute 
actions  in  law  or  equity,  and  any  proceedings  provided  by  the 
Code  of  Civil  Procedure  or  by  law  in  any  court,  local,  state,  or 
national,  to  maintain,  defend  and  establish^the  rights,  interests, 
revenues,  property,  privileges,  franchises  or  demands  of  the  City 
or  of  any  part  or  portion  thereof,  or  of  the  people  thereof,  or  to 
collect  any  money,  debts,  fines  or  penalties  or  to  enforce  the  laws 
and  ordinances.  He  shall  be  a  member  of  the  Board  of  Estimate 
and  Apportionment  and  of  the  Board  of  Public  Improvements. 

Corporation  CounseV s  Power  of  Appointment. 

Sec.  256.  The  Corporation  Counsel  may  appoint,  and  at  pleas- 
ure remove,  as  many  assistants  to  the  Corporation  Counsel  as  are 
necessary  to  the  discharge  of  the  duties  of  the  Law  Department, 
and  he  may  appoint  and  at  pleasure  remove  such  clerks,  assistants, 
and  subordinates  as  are  requisite  to  the  discharge  of  the  business 
of  the  department,  giving  to  his  appointees  such  titles  or  designa- 
tions as  he  may  deem  appropriate  to  their  services,  respectively. 
He  shall  fix  and  regulate  the  salaries  and  compensation  of  all  of 
his  appointees  within  the  limits  of  the  appropriation  for  his  depart- 
ment. Any  Assistant  Corporation  Counsel  shall,  in  addition  to 
his  other  powers,  possess  every  power  and  perform  all  and  every 
duty  belonging  to  the  office  of  the  Corporation  Counsel,  or  so 
much  of  such  duties  as  the  Corporation  Counsel  shall  deem  it 
necessary  to  delegate  whenever  so  empowered  by  said  Corporation 
Counsel  by  written  authority,  designating  therein  a  period  of 
time,  not  extending  beyond  three  months,  nor  beyond  the  term  of 
office  of  said  Corporation  Counsel,  during  which  such  power  and 
authority  may  be  exercised ;  such  designation  and  authority  must 
be  duly  filed  and  remain  on  record  in  the  Law  Department,  and 
may  be  revoked  at  any  time. 

Branch  Offices. 

Sec.  257.  In  addition  to  the  main  office  of  the  Corporation 
Counsel,  which  shall  be  located  in  the  Borough  of  Manhattan,  he 
shall  have  an  office  in  the  Borough  of  Brooklyn,  and,  in  his  dis- 
cretion, may  maintain  an  office  in  the  Borough  of  The  Bronx,  the 

121 


Borough  of  Queens  and  the  Borough  of  Richmond,  or  either  of 
them. 

Bureaus. 

Sec.  258.   The  Corporation  Counsel  may  establish  such'bureaus 
for  divisions  of  service  in  the  Law  Department  as  he  may  judge 
most  conducive  to  the  efficient  discharge  of  duty.     There  shall 
be  a  bureau  in  the  Law  Department  to  be  known  as  the  "Bureau  of 
Street* Openings."     It  shall  have  charge  under  the  direction  of 
the  Corporation  Counsel  of  such  legal  proceedings  to  open,  widen, 
alter  or  close  streets  and  parks,  and  to  acquire  title  to  or  extin- 
guish interests  in  real  estate  therefor,  and  of  all  such  other  pro- 
ceedings involving  awards  for  damages  or  assessments  for  benefit 
to  lands,  tenements  and  hereditaments  as  may  be  assigned  to 
it  by  the  Corporation  Counsel.      The  Corporation  Counsel  shall 
appoint  and  remove,  at  will,   the  head  of  said  bureau  and  all 
other  employees  thereof,  and  shall  regulate  their  salaries  and  com- 
pensation.    The  assistants  to  the  Corporation  Counsel  assigned 
to  such  bureau,  shall  conduct  in  his  behalf,  and  subject  to  his 
direction  and  control,  all  legal  proceedings  so  assigned,  and  may 
also  act  as  clerks    to    the    Commissioners    of    Estimate   or    the 
Commissioners  of  Estimate  and  Assessment   in    all    such   pro- 
ceedings.     Such  bureau  shall  furnish  to  the  Commissioners  of 
Estimate   or  the   Commissioners   of    Estimate  and   Assessment 
in  each  proceeding,  suitable  offices  and  all   the  assistance  which 
they    may  require   in   preparing  their  preliminary  abstracts   of 
Estimate  or  of  Estimate  and  Assessment,  and  their  iinal  reports 
for  presentation  to  the  Supreme  Court  for  confirmation.     The 
compensation    of    the    head    of    said    bureau    and   of    all    other 
employees   thereof,   and   all   the   legal   costs,   charges,   expenses 
and  disbursements  incurred  by  said  bureau  on  account  of  such 
proceedings,    shall    be    divided    proportionately,    as    nearly    as 
practicable,   to   the    services    rendered    or    expense    incurred    in 
each    of  the    said    proceedings,    and    shall    be   included  [in   the 
assessment    for    benefit   to   be   imposed   by    the  Commissioners 
of  Estimate  or  the  Commissioners  of  Estimate  and  Assessment 
in  each  proceeding  as  part  of  the  costs,  charges  and   expenses 
thereof,  after  the  same  shall  have  been  taxed  by  the  court  in 

122 


the  manner  now  provided  by  law  for  the  taxation  of  such  costs, 
charges,  expenses  and  disbursements;  but  the  compensation  of 
the  employees  of  said  bureau  and  the  necessary  charges,  expenses 
and  disbursements  thereof,  shall  be  chargeable  to  and  shall  be  paid 
monthly,  in  the  first  instance  by  the  Comptroller  of  The  City  of 
New  York,  out  of  the  fund  known  as  "the  Fund  for  Street  and 
Park  Openings,"  created  by  chapter  one  hundred  and  seventy- 
three  of  the  laws  of  eighteen  hundred  and  eighty-five,  and  the 
acts  amendatory  thereof  and  supplemental  thereto,  upon  pay  rolls 
and  vouchers  duly  certified  by  the  Corporation  Counsel.  The 
assistant  clerks  or  other  appointees,  of  this  bureau,  engaged  in 
the  transaction  of  business  or  duties  pertaining  to  the  Borough 
of  Brooklyn,  may  have  their  office  in  the  Borough  Hall  or 
public  building  of  the  Borough  of  Brooklyn,  and  if,  in  the  judg- 
ment of  the  Corporation  Counsel  it  be  convenient  and 
advisable,  such  of  the  assistants,  clerks  or  other  appointees  of 
this  bureau  as  may  be  engaged  in  the  transaction  of  business 
pertaining  to  the  Borough  of  The  Bronx,  the  Borough  of  Rich- 
mond or  the  Borough  of  Queens,  may  likewise  have  an  office  in 
either  of  said  Boroughs. 

Bureau  for  Recovery  of  Penalties. 

Sec.  259.  There  shall  be  a  bureau  in  the  Law  Department 
for  the  recovery  of  penalties  for  the  violation  of  any  law  or  muni- 
cipal ordinance,  to  be  called  the  "Bureau  for  the  Recovery  of 
Penalties."  All  actions  for  such  recovery  shall  be  brought  in 
the  name  of  The  City  of  New  York,  and  not  in  that  of  any  de- 
partment, except  where  otherwise  provided  by  this  Act.  The  As- 
sistant Corporation  Counsel  assigned  to  this  bureau  in  the  main 
office,  or  in  the  branch  office  located  in  any  Borough,  shall  not 
receive  for  his  own  use  any  fees  or  emoluments  in  addition  to  his 
salary,  and  he  shall  pay  into  the  city  treasury  all  costs  and  commis- 
sions received  by  him  from  any  source  whatever  ;  such  payments 
shall  be  made  monthly,  and  shall  be  accompanied  by  a  sworn 
statement  in  such  form  as  the  Comptroller  shall  prescribe.  Such 
statement,  with  a  detailed  list  of  costs,  commissions,  fines  and  pen- 
alties collected,  shall  be  published  in  the  "City  Record"  monthly. 

123 


All  fines  or  moneys,  from  whatsoever  source,  received  by  the  head 
of  this  bureau,  shall  be  paid  into  the  treasury  of  the  City,  except  as 
otherwise  specially  provided  by  law. 

Bureau  for  Collection  of  Arrears  of  Personal  Taxes. 

Sec.  260.  There  shall  be  a  bureau  in  the  Law  Department 
for  the  collection  of  arrears  of  personal  taxes  to  be  called  the 
"Bureau  for  the  Collection  of  Arrears  of  Personal  Taxes."  The 
Assistant  Corporation  Counsel  assigned  to  this  bureau  shall  give  a 
bond  to  The  City  of  New  York,  with  one  or  more  sureties,  to  be 
approved  by  Comptroller  and  Corporation  Counsel,  in  the  penal 
sum  of  ten  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  the  office  and  the  payment  over  of  all  taxes 
collected  by  him,  which  shall  be  filed  in  the  Comptroller's  Office, 
and  he  and  his  bondsman  or  bondsmen  shall  be  responsible  to 
the  corporation  therefor. 

Presentation  of  Claims  to  be  Pleaded. 

Sec.  261.  No  action  or  special  proceeding,  for  any  cause  what- 
ever, shall  be  prosecuted  or  maintained  against  The  City  of  New 
York,  unless  it  shall  appear  by  and  as  an  allegation  in  the  com- 
plaint or  necessary  moving  papers  that  at  least  thirty  days  have 
elapsed  since  the  demand,  claim  or  claims  upon  which  such  action 
or  special  proceeding  is  founded  were  presented  to  the  Comp- 
troller of  said  City  for  adjustment,  and  that  he  has  neglected  or 
refused  to  make  an  adjustment  or  payment  thereof  for  thirty 
days  after  such  presentment.  If  the  plaintiff  recovers  judgment 
in  his  action  or  special  proceeding  he  shall  recover  full  taxable 
costs  without  regard  to  the  amount  of  the  judgment. 

Jurisdiction  of  Actions  Against  the  City. 

Sec.  262.  The  Supreme  Court  shall  have  exclusive  jurisdiction 
over  all  actions  or  special  proceedings  wherein  The  City  of  New 
York  is  made  a  party  defendant.  And  all  such  actions  shall  be  tried 
in  that  County  wholly  or  partly  embraced  within  The  City  of 
New  York  in  which  the  cause  of  action  arose,  or  in  the  County 
of  New  York,  subject  to  the  power  of  the  Court  to  change  the 
place  of  trial  in  the  cases  provided  by  law. 

124 


Service  of  Process. 

Sec.  263.  All  process  and  papers  for  the  commencement  of 
actions  and  legal  proceedings  against  The  City  of  New  York  shall 
be  served  either  upon  the  Mayor,  the  Comptroller  or  the  Cor- 
poration Counsel. 

Issuance  of  Execution. 

Sec.  264.  No  execution  shall  be  issued  upon  any  judgment 
recovered  against  The  City  of  New  York  until  after  ten  days' 
notice,  in  writing,  of  the  recovery  of  such  judgment  shall  have 
been  given  to  the  Comptroller. 


125 


CHAPTER  VIII. 

POLICE  DEPARTMENT. 

Police  Board.      Commissioners.     Salary. 

Section  270.  The  head  of  the  Police  Department  shall  be 
called  the  Police  Board.  Said  Board  shall  consist  of  four  per- 
sons, to  be  known  as  Police  Commissioners  of  The  City  of  New 
York.  They  shall  be  appointed  by  the  Mayor,  and  shall  hold 
their  respective  offices  as  provided  in  Chapter  IV  of  this  Act. 
No  more  than  two  of  said  Commissioners  shall,  when  either  of 
them  is  appointed,  belong  to  the  same  political  party,  or  be  of 
the  same  political  opinion  on  state  and  national  politics.  The 
salary  of  each  of  said  Police  Commissioners  shall  be  five  thousand 
dollars  a  year. 

Police  Board.     Authority.     Bureau  of  Elections. 

Sec.  271.  The  said  Police  Board  shall  have  cognizance  and 
control  of  the  government,  administration,  disposition  and  dis- 
cipline of  the  said  Police  Department,  and  of  the  police  force  of 
said  department,  and  it  shall  also  have  cognizance  and  control  of 
the  Bureau  of  Elections  hereinafter  mentioned,  and  said  Bureau 
of  Elections  shall  be  a  part  of  said  Police  Department. 

Id.;   To  make  and  enforce  rules  and  regulations. 

Sec.  272.  The  said  Police  Board  shall  make,  adopt  and  en- 
force such  rules,  orders  and  regulations,  and  do  all  such  other 
acts  as  may  be  reasonably  necessary  to  effect  a  prompt  and 
efficient  exercise  of  all  powers  conferred  by  law,  and  the  per- 
formance of  all  duties  imposed  by  lawjupon  the  said  Board  or  the 
said  Department,  or  upon  any  part  of  or  person  in  said  depart- 
ment. But  said  Board  shall  do  no  act  which  is  contrary  to  or 
inconsistent  with  this  Act. 

126 


Boards  and  offices  abolished  and  forces  consolidated. 

Sec.  273.  Except  as  herein  otherwise  expressly  provided, 
the  Police  Department,  the  Board  of  Police  and  the  offices 
of  the  Police  Commissioners  of  The  City  of  New  York,  pro- 
vided for  by  The  New  York  City  Consolidation  Act  of  1882, 
and  the  Acts  amendatory  thereof,  the  office  of  Commissioner  of 
Police  and  Excise  of  the  City  of  Brooklyn,  the  Board  of  Police 
Commissioners  for  Long  Island  City  and  the  Board  of  Commis- 
sioners of  Police  for  the  County  of  Richmond  are  hereby  abol- 
ished. The  respective  police  forces  and  Departments  heretofore 
existing  in  the  said  cities  and  the  said  county,  including  the  Park 
Police  of  the  Mayor,  Aldermen,  and  Commonalty  of  the  City 
of  New  York,  and  the  Park  Police  of  the  City  of  Brooklyn, 
and  the  police  force  of  the  Brooklyn  Bridge  are  hereby 
consolidated  into  one  Department  and  force  to  be  constituted, 
controlled  and    administered  as  provided  in  this  chapter. 

Police  Department ;  Powers  and  authority  transferred  to. 

Sec.  274.  All  the  rights,  powers,  authority,  duties  and 
obligations,  immediately  heretofore  by  law  vested  in  or  imposed 
upon  the  Police  Departments,  or  either  of  the  Boards  or  Com- 
missioners mentioned  in  the  last  above  section,  shall  forth- 
with by  force  of  and  as  an  effect  of  this  chapter  be  trans- 
ferred to  and  continue  in  the  Police  Department  created  by 
this  Act  except  in  so  far  as  the  same  shall  be  contrary  to  or  in- 
consistent with  the  provisions  of  this  chapter. 

All  the  rights,  powers,  authority  duties  and  obligations 
relative  to,  or  connected  with  the  appointment,  control 
or  cognizance  of  any  police  force  immediately  heretofore 
by  law  vested  in  or  imposed  upon  the  Commissioners  of 
Public  Parks  in  the  City  of  New  York,  the  Department  of 
Parks  of  the  City  of  Brooklyn,  and  the  Board  of  Trustees 
of  the  Brooklyn  Bridge,  shall  forthwith,  by  force  of, 
and  as  an  effect  of  this  chapter  be  transferred  to  and  con- 
tinued in  the  Police  Department  created  by  this  Act,  except 
in  so  far  as  the  same  shall  be  contrary  to  or  inconsistent  with 
the  provisions  of  this  chapter. 

127 


Property  to  vest  in  The  City  of  New  York  and  be  managed  by  Police 
Department. 

Sec.  275.  All  moneys,  funds  and  property,  and  all  rights 
and  title  to  and  interest  in,  and  possession  of  and  control  over 
and  all  rights  to  the  use  and  possession  of  any  moneys,  funds 
or  property,  which  when  this  Act  takes  effect,  shall  be 
vested  in,  held  or  exercised  by  the  department,  or  either  of 
the  Boards  or  Commissioners,  mentioned  in  section  273  of  this 
Act,  or  which  shall  then  be  applicable  to,  or  used  for  the 
purposes  of,  or  in  the  maintenance  of,  or  in  connection 
with  the  functions  or  duties  of  either  of  the  respec- 
tive police  forces  appointed  by  the  Commissioners  of  Public 
Parks  in  the  City  of  New  York,  the  Department  of  Parks  of 
the  City  of  Brooklyn,  or  the  said  Trustees  of  the  Brooklyn 
Bridge,  .shall  forthwith  by  force  of  and  as  an  effect  of  this  chapter, 
be  and  become  vested  in  The  City  of  New  York,  and  the  same 
shall  be  held,  exercised,  managed,  controlled,  used  and  applied 
by,  and  under  the  direction  of  the  Police  Department  created 
by  this  Act  until  it  is  otherwise  lawfully  provided.  No  such 
money,  funds  or  property  shall  however  be  used  for  or  applied 
to  any  purpose  different  in  kind  from  that  for  or  to  which  the 
same  might  theretofore  have  been  lawfully  used  or  applied,  until 
such  different  use  or  application  shall  first  have  been  lawfully 
authorized. 

Police  Force ;   Composition. 

Sec.  276.  Until  otherwise  provided  by  the  Municipal 
Assembly,  upon  the  recommendation  of  the  Police  Board, 
the  police  force  in  the  Police  Department  created  by  this 
chapter,  shall  consist  of  the  following  members,  to  wit :  A 
Chief  of  Police ;  five  Deputy  Chiefs  of  Police ;  ten  Inspect- 
ors of  Police;  captains  of  police,  not  exceeding  in  num- 
ber one  to  each  fifty  of  the  total  number  of  patrolmen, 
except  in  the  rural  portion  of  the  city ;  sergeants  of  police, 
not  exceeding  four  in  number  to  each  fifty  of  the  total  number 
of  patrolmen ;  roundsmen,  not  exceeding  four  in  number  to  each 
fifty  patrolmen ;   detective    sergeants  to   the  number  authorized 

128 


by  law ;  doormen  of  police,  not  exceeding  two  in  number  to  each 
fifty  of  the  total  number  of  patrolmen ;  surgeons  of  police,  not 
exceeding  forty  in  number,  one  of  whom  shall  be  chief  surgeon, 
and  patrolmen  to  the  number  of  six  thousand  three  hundred  and 
eighty-two. 

Id.;  Members  of  former  forces  in  New  York  City  transferred. 

Sec.  277.  The  members  of  the  Police  force  of  The  City  of 
New  York,  and  the  members  of  the  Police  force  appointed  by  the 
Commissioners  of  Public  Parks  in  said  City,  as  said  forces  are 
provided  for  by  sections  265  and  690  of  the  New  York  City 
Consolidation  Act  of  1882,  and  by  the  statutes  amendatory  of 
and  supplementary  to  said  sections,  who  shall  be  such  members 
of  said  forces  respectively  when  this  Act  takes  effect,  shall  be 
members  of  the  Police  force  specified  in  section  276  of  this  Act. 
The  employees  of  the  telegraph  force  of  the  Police  Department, 
of  the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York  who  are  in  office  when  this  Act  takes  effect,  shall  take  the 
same  rank  in  the  Police  force  specified  in  section  276  of  this 
Act,  as  the  telegraph  force  of  the  Police  Department  of  the  City 
of  Brooklyn  has  under  existing  laws ;  provided,  however,  that 
until  otherwise  ordered  by  the  Police  Board,  the  Super- 
intendent of  Telegraph  of  the  Police  force  of  the  Mayor, 
Aldermen  and  Commonalty  of  the  City  of  New  York  shall 
be  Superintendent  of  Telegraph  for  the  Police  force  speci- 
fied in  said  section  276  of  this  Act ;  and  the  Deputy  Super- 
intendent of  Telegraph  of  the  Police  force  of  said,  the  Mayor, 
Aldermen  and  Commonalty  of  the  City  of  New  York,  shall  be 
Deputy  Superintendent  of  Telegraph  in  the  central  office  in  the 
Borough  of  Manhattan  ;  and  the  Superintendent  of  Telegraph  of 
the  Police  force  of  the  City  of  Brooklyn  shall  be  Superintendent 
of  Police  Telegraph  for  the  Borough  of  Brooklyn. 

Id.;  Members  of  former  forces  in  Brooklyn  transferred. 

Sec.  278.  The  Superintendent  and  Deputy  Superintendent 
of  police,  and  each  inspector,  captain,  sergeant,  detective- 
sergeant,  roundsman,  patrolman,  doorman,  bridge-keeper,  police 
surgeon,    superintendent   of  telegraph,  and   telegraph  operator, 

12y 


who  is,  when  this  Act  takes  effect,  in,  of,  or  attached  to  the 
Police  force  of  the  City  of  Brooklyn,  or  the  Police  force  appointed 
by  the  Department  of  Parks  of  said  City,  or  the  Police  force 
appointed  by  the  Board  of  Trustees  of  the  New  York  and  Brook- 
lyn Bridge,  pursuant  to  section  8  of  Chapter  300  of  the  Laws  of 
1875,  and  the  Acts  amendatory  thereof,  or  supplementary  thereto, 
shall  be  members  of  the  Police  force  specified  in  section  276  of  this 
Act. 

Id.;  Members  of  former  force  in  Long  Island  City  transferred. 

Sec.  279.  The  lawfully  appoiiited  captain,  sergeant  and 
patrolmen  of  the  police  force  of  Long  Island  City,  who  shall  be 
such  when  this  chapter  takes  effect,  shall  be  members  of  the 
police  force,  specified  in  section  276  of  this  Act. 

Id.;  Members  of  former  force  in  Richmond  County  transferred. 

Sec.  280.  The  captain  and  each  sergeant,  roundsman  and 
patrolman  of  the  police  force  of  the  County  of  Richmond,  or 
of  any  town  or  village  in  that  part  of  the  County  of  Queens  in- 
cluded in  The  City  of  New  York,  as  hereby  constituted,  shall 
be  members  of  the  police  force  specified  in  section  276  of  this 
Act. 

Police  Board;     Authority  over  members  transfer ed  by  preceding 
sections.     Rank  of  transferred  members. 

Sec.  281.  The  Police  Board  created  by  this  Act  shall 
have  the  same  powers,  control  and  authority  over  the  members 
of  the  police  force,  transferred  thereto  by  sections  277,  278,  279 
and  280  of  this  Act,  and  over  their  tenure  of  such  membership 
and  removal  therefrom,  as  the  said  Board  shall  have  over  the 
members  of  said  force,  appointed  thereto  by  said  Board,  and 
especially,  except  as  otherwise  provided  by  this  chapter,  to  fix 
and  assign  the  rank,  title,  duties,  powers  and  place  of  service  of 
said  transferred  members.  Until  by  said  Board  otherwise  pro- 
vided the  rank,  title,  duties,  powers  and  place  of  service  of  said 
transferred  members  shall  be  the  same  as  they  were  in  the 
police  force  to  which  they  belonged  before  this  Act  took  effect. 

130 


Id.;  Authority  over  employees  of  former  boards.     Duties  and  sal- 
aries of  such  employees. 

Sec.  282.  All  clerks,  matrons,  secretaries,  and  other  sub- 
ordinates, assistants  and  employees  attached  to,  or  in  the  service 
of  the  Department  or  either  of  the  Boards  or  Commissioners 
specified  in  section  273  of  this  Act,  until  it  shall  be  otherwise 
provided  by  the  Police  Board  created  by  this  Act,  shall 
perform  like  services  and  duties  and  receive  therefor  the  same 
salaries  or  compensation  as  they  performed  and  received  respec- 
tively prior  to  this  Act  taking  effect.  But  such  clerks, 
matrons,  secretaries,  and  other  subordinates,  assistants  and 
employees,  their  services,  duties,  salaries  or  compensation,  tenure 
of  and  removal  from  their  positions  or  employment  shall  in  all 
respects  be  subject  to  the  control  and  authority  of  the  Police 
Board   created    by    this  Act. 

Id.;  Power  to  appoint  and  remove  members  and  employees — Salaries 
and  fines. 

Sec.  283.  Subject  to  the  powers  by  this  Act  conferred  on 
the  Board  of  Estimate  and  Apportionment  and  the  Municipal 
Assembly  of  The  City  of  New  York,  and  to  such  other 
provisions  of  this  Act  as  may  limit  their  power  in  the 
premises,  the  Police  Board  created  by  this  Act  shall 
have  power  to  appoint  and  to  remove  the  members  of  the 
police  force  specified  in  section  276  of  this  Act,  and  also 
such  clerks,  police  matrons,  secretaries,  and  other  sub- 
ordinates, assistants  and  employees  as  may  be  reasonably 
necessary  to  the  proper  performance  of  the  duties  and  exe- 
cution of  the  powers  and  functions  of  the  Police  Department 
created  by  this  Act  or  of  any  of  the  component  parts  there- 
of, and  to  prescribe  their  respective  ranks,  duties  and  compensa- 
tion. The  salary  or  compensation  of  any  of  such  members 
of  the  said  police  force  as  are  specified  in  sections  277,  278,  279 
and  280  of  this  Act,  as  the  same  is  lawfully  fixed  at  the  time 
this  chapter  takes  effect  and  immediately  prior  thereto,  shall  not 
be  decreased.  The  salary  or  compensation  of  members  of  the 
police  force  shall  be  subject  to  all  fines,  penalties,  forfeitures 
and  deductions  lawfully  imposed  for  cause. 

131 


Police  Force.      Qualifications  of  members.     Publishing  names  and 
residence  of  applicants  and  appointees. 

Sec.  284.    No  person  shall  ever  be  appointed  or  reappointed 
to  membership  in  the   police   force  or  continue  to  hold  mem- 
bership  therein,   who  is  not  a  citizen  of  the  United  States,  or 
who  has   ever    been   convicted  of  felony,   or  who  cannot  read 
and  write    understandingly   in    the    English    language,   or  who 
shall    not    have    resided    within     the    State    one    year    next 
preceding    his    appointment,   but  skilled  officers  of  experience 
may  be    appointed    for  detective   duty  who    have   not  resided 
as    herein    required.      No  person  shall  be  appointed    patrolman 
who    shall    be    at    the    date    of  such  appointment  over   thirty 
years  of  age  ;    nor  shall  any  person  who  shall  have  been  a  mem- 
ber of  the  force  and  have  resigned,  or  have  been  dismissed  there- 
from, be  reappointed,  except  upon  the  concurring  vote  of  all  the 
members  comprising  the  Board  to  be  taken  by  ayes  and  noes,   ^  d 
recorded  in  the  minutes.      The  name,  residence  and  occupation 
of     each     applicant     for     appointment     or    reappointment    to 
any     position     in     the     Police    Department,     as    well    as    the 
name,    residence    and    occupation    of    each     person    appointed 
to  any  position,  shall  be  published,  and  such  publication  shall, 
in  every  instance,  be  made,  on  the  Saturday  next  succeeding  such 
application,  or  appointment,  in  the  City  Record. 

Id.;    Warrant  of  appointtnent.      Oath. 

Sec.  285.  Every  member  of  the  police  force  shall  have  issued 
to  him,  by  the  Police  Department,  a  proper  warrant  of  appoint- 
ment, signed  by  the  President  of  the  Police  Board  and  Chief 
Clerk  or  First  Deputy  Clerk  of  said  department  or  of  the  Police 
Board,  which  warrant  shall  contain  the  date  of  his  appointment 
and  his  rank.  Each  member  of  the  police  force  shall,  before 
entering  upon  the  duties  of  his  office,  take  an  oath  of  office 
and  subscribe  the  same  before  any  officer  of  the  Police  Depart- 
ment who  is  empowered  to  administer  an  oath. 

Id. ;   Chief  of  Police — First  appointment. 

Sec.  286.  The  Chief  of  Police  first  appointed  under  this 
Chapter   shall    be    selected   from    one  of  the   following   named 

132 


members  transferred  to  the  police  force  by  sections  277  and  278 
of  this  Act,  to  wit :  The  Chief  of  Police,  the  Superintendent  of 
Police,  the  Deputy  Chief  of  Police  and  the  Deputy  Superintend- 
ent of  Police, 

Id.;  Other  officers — First  appointments. 

Sec.  287.  In  making  the  first  appointments  of  the  other 
members  of  the  police  force  specified  in  section  276  of  this  Act, 
whose  appointment  may  be  necessary  to  make  up  tjie  full  mem- 
bership of  said  force  provided  for  by  said  section,  three  of  the 
Deputy  Chiefs  shall  be  selected  from  the  Chief  of  Police,  the  Sup- 
erintendent of  Police,  the  Deputy  Chief  of  Police  and  the  Deputy 
Superintendent  of  Police  transferred  by  sections  277  and  278  of 
this  Act, 'and  two  from  the  Inspectors  of  the  respective  police 
forces  transferred  by  sections  277,  278,  279  and  280  of  this  Act ; 
Inspectors  of  Police  shall  be  selected  from,  first,  the  Police  In- 
spectors, and  second,  from  the  Captains  of  Police  transferred  as 
aforesaid ;  the  Captains  of  Police  shall  be  selected  from,  first,  the 
Captains,  and  second,  from  the  Sergeants  of  the  respective  police 
forces  transferred  by  sections  277,  278,  279  and  280  of  this  Act ; 
Sergeants  of  Police  shall  be  selected  from,  first,  the  Sergeants,  and 
second  from  the  Detective  Sergeants  and  Roundsmen  of  the  re- 
spective police  forces  transferred,  by  sections  277,  278,  279 
and  280  of  this  Act. 

Id.;  Promotions. 

Sec.  288.  Promotions  of  officers  and  members  of  the 
police  'force  shall  be  made  by  the  Police  Board,  as  provided 
in  section  304  of  this  Act,  on  grounds  of  seniority,  meri- 
torious police  service  and  superior  capacity ;  and  shall  be  as 
follows:  Sergeants  of  Police  shall  be  selected  from  among 
Patrolmen  assigned  to  duty  as  Roundsmen,  as  provided  in 
section  292  of  this  Act ;  Captains  from  among  the  Ser- 
geants; Inspectors  from  among  Captains;  Deputy  Chiefs 
of  Police  from  among  Inspectors  and  Captains;  and  Chief  of 
Police  from  among  Deputy  Chiefs,  Inspectors  and  Captains,  but 
no  promotion  shall  be  made,  except  in  the  case  of  a  vacancy  in 

133 


the  office  of  Chief  of  Police,  unless  the  same  is  recommended  by 
the  Chief  of  Police  in  writing,  stating  his  reason  for  such  recom- 
mendation. In  case  of  the  rejection  of  any  recommendation  for 
promotion,  the  Chief  of  Police  shall  submit  another  name  within 
three  days,  and  shall  continue  so  to  [do  until  the  vacancy  is 
filled. 

Id.;  Increase  of. 

Sec.  289.  The  Police  Board  is  authorized  to  increase  the 
police  force  by  adding  to  the  number  of  patrolmen  from  time  to 
time,gprovided  the  Board  of  Estimate  and  Apportionment  and 
the  Municipal  Assembly  shall  have  previously  made  an  appro- 
priation for  that  express  purpose,  such  increase  not  to  exceed 
one  hundred  and  fifty  in  any  one  year.  The  Board  of  Estimate 
and  Apportionment  and  the  Municipal  Assembly  may  include 
in  the  annual  budget  from  year  to  year,  and  the  Comptroller 
shall  certify,  as  required  by  law,  to  the  Municipal  Assembly, 
and  the  Municipal  Assembly  shall  include  in  the  annual  tax- 
levy  an  amount  sufficient  to  provide  for  the  compensation  of 
the  additional  patrolmen  authorized  to  be  appointed  pursuant  to 
the  provisions  of  this  section. 

Id.;   Central  Office  Bureau  of  Detectives. 

Sec.  290.  The  Police  Board  shall  maintain  a  bureau  which 
shall  be  called  the  Central  Office  Bureau  of  Detectives,  and  shaU 
select  and  appoint  to  perform  detective  duty  therein  as  many 
patrolmen  as  said  board  may,  from  time  to  time,  determine  to 
be  necessary  to  make  that  bureau  efficient.  The  patrolmen  so 
selected  and  appointed  shall  be  called  detective  sergeants,  and 
shall  be  assigned  to  duty  in  that  bureau,  and  while  performing 
such  detective  duty  shall  be  vested  with  the  same  authority 
and  be  entitled  to  receive  and  be  paid  the  same  salary  as  ser- 
geants of  police  under  this  chapter ;  but  the  Police  Board  may 
by  order,  reduce  to  the  grade  of  patrolmen,  and  transfer  such 
detective  sergeants  or  any  of  them  to  perform  patrol  or  other 
police  duty,  and  when  so  transferred  they  shall  only  be  entitled 
to    receive    and    be    paid    the    same    rate    of    compensation    as 

134 


ordinary  patrolmen  of  the  police  force  under  this  chapter. 
Nothing  in  this  section  shall  be  construed  to  authorize  the 
Police  Board  to  appoint  any  additional  patrolmen  in  place  of 
said  detective  sergeants.  The  headquarters  of  said  Central 
Office  Bureau  of  Detectives  shall  beat  the  Police  Headquarters 
in  the  Borough  of  Manhattan,  and  a  branch  office  thereof  shall 
be  maintained  at  the  Police  Headquarters  in  the  Borough  of 
Brooklyn,  and  other  branch  offices  thereof  may  be  maintained 
at  the  police  headquarters  in  each  of  the  other  Boroughs  into 
which    The    City  of    New  York  is    divided  by  this  Act. 

No  member  of  Department  to  be  interested  in  other  office. 

Sec.  291.  Any  Police  Commissioner,  or  any  member  of  the 
police  foKie,  who  shall,  after  qualifying  in  office,  accept  any  ad- 
ditional place  of  public  trust,  or  civil  emolument,  or  who  shall 
during  his  term  of  office  be  publicly  nominated  for  any  office 
elective  by  the  people,  and  shall  not,  within  ten  days  succeeding 
the  same,  publicly  decline  the  said  nomination,  shall  be  in  either 
case  deemed  thereby  to  have  resigned  his  commission  and  to 
have  vacated  his  office,  and  all  votes  cast  at  any  election  for  any 
person  holding  the  office  of  Police  Commissioner,  or  within  thirty 
days  after  he  shall  have  resigned  such  office,  shall  be  void. 

Chief  of  Police.     Duties  and  Powers. 

Sec.  292.  The  Chief  of  Police  shall  be  the  chief  executive 
officer  of  the  police  force.  He  shall  be  chargeable  with  and  re- 
sponsible for  the  execution  of  all  laws  and  the  rules  and  regula- 
tions of  the  department.  He  shall  assign  to  duty  the  officers 
and  members  of  the  police  force,  and  shall  have  power  to  change 
such  assignments  from  time  to  time,  whenever,  in  his  judgment, 
the  exigencies    of  the  service  may  require  such  change ;    pro- 

/      vided,   however,   that  permanent  assignments  of   patrolmen  to 

'mJu^  ii'Uj  roundsmen  shall  be  made  by  the  Police  Board  on  the  recommen- 

(f  dation  of  the  Chief  of  Police,  and  in  case  of  the  rejection    of 

any  such    assignment    recommended    by    the    Chief    of    Police, 

he  shall  within    three  days  submit  another  name  and  continue 

so  to  do  until  a  permanent  assignment  is  made.      He  shall  have 

1 35 


power  to  suspend  without  pay,  pending  the  trial  of  charges, 
any  member  of  the  police  force;  provided,  however,  that 
no  such  suspension  shall  be  continued  for  a  period  of  more 
than  ten  days  without  affirmative  action  to  that  effect  by 
the  Police  Board.  If  any  member  of  the  police  force  so 
suspended  shall  not  be  convicted  by  the  Police  Board  of 
the  charges  so  preferred,  he  shall  be  entitled  to  full  pay  from 
the  date  of  suspension,  notwithstanding  such  charges  and  sus- 
pension. Said  Chief  of  Police  may  grant  leaves  of  absence 
to  members  of  the  force  for  a  period  not  exceeding  five  days. 
He  shall  report  to  the  Police  Board  all  changes  or  assignments  of 
officers  and  all  leaves  of  absence  granted. 

Id.;  Absence  or  disability  of. 

Sec.  293.  In  case  of  the  absence  or  disability  of  the  Chief 
of  Police,  a  Deputy  Chief  of  Police  designated  by  the  Police 
Board,  or  in  case  no  Deputy  Chief  is  so  designated,  then  a 
Deputy  Chief  of  Police  designated  by  the  Chief  of  Police  shall 
discharge  all  the  duties  of  Chief  of  Police ;  or  in  case  each 
Deputy  Chief  of  Police  be  absent  or  disabled,  or,  for  any  good 
cause,  is  not  available  for  such  designation,  then  the  duties  of 
Chief  of  Police  shall  be  performed  by  one  of  the  Inspectors  of 
Police  to  be  designated  by  the  Police  Board. 

Police  Surgeons.      Duties  and  districts. 

Sec.  294.  The  duties  of  the  Police  Surgeons,  and  the  extent 
and  bounds  of  their  districts,  shall  be  assigned,  from  time  to 
time,  by  the  rules  and  regulations  of  the  Police  Board.  The 
Police  Board  may,  if  requested  by  the  Department  of  Health, 
employ  their  surgeons  to  aid  the  sanitary  inspectors  in  the  dis- 
charge of  their  duties,  under  such  regulations  and  orders  as  the 
Police  Board  may  make  and  issue. 

Police  Board.     President  and  Treasurer. 

Sec.  295.  The  Police  Board  shall  appoint  and  remove  at 
pleasure  one  of    their  number  as    the    President  and  another  of 

136 


their  number  as  Treasurer  of  said  Board,  and  prescribe  for  and 
assign  to  them  respectively  as  President  and  Treasurer  such 
powers  and  duties  as  may  be  consistent  with  law. 

Id.;  Duties  of  Treasurer.     Bond.     Deputy  Treasurer. 

Sec.  296.  The  Treasurer  of  said  board  shall  be  the 
fiscal  officer  thereof,  and  chief  purchasing  agent  of  the 
department,  and  shall,  by  check  and  voucher,  duly  disburse 
by  order  of  the  said  Police  Board,  all  moneys  belonging 
to  the  Police  Department  or  police  fund,  and  shall  deposit  the 
same,  when  paid  to  him,  in  a  bank  or  banks  or  trust  company 
designated  by  said  Police  Board.  The  treasurer  shall, 
within  tweaty  days  after  he  shall  have  received  notice  of  his 
appointment,  and  before  he  shall  enter  upon  the  execution  of 
the  duties  of  his  office,  execute  a  bond  in  not  less  than  the  sum 
of  twenty  thousand  dollars,  to  the  City  of  New  York,  with  two 
sufficient  sureties,  who  shall  each  justify  in  the  sum  of  not  less  than 
twenty  thousand  dollars,  conditioned  that  he  will  well  and  faith- 
fully in  all  things  perform  and  execute  the  office  of  treasurer 
during  his  continuance  in  office,  said  bond  to  be  approved  by 
the  Comptroller  and  filed  in  his  office.  The  said  treasurer  shall 
have  power,  as  soon  as  may  be  after  he  takes  upon  himself  the 
execution  of  his  office,  to  appoint,  by  and  with  the  consent  of 
the  Police  Board,  some  proper  person  deputy  treasurer, 
to  hold  office  during  the  pleasure  of  the  treasurer,  and  as  often 
as  a  vacancy  shall  occur  in  the  office  of  such  deputy  treasurer, 
or  he  shall  become  incapable  of  executing  the  same,  another  shall, 
in  like  manner,  be  appointed  in  his  place.  In  case  of  the  absence, 
inability  or  disability  of  the  treasurer  to  perform  his  duties,  the 
said  deputy  treasurer  shall  have  full  powers  to  perform  all  the 
duties  of  the  treasurer  during  such  absence,  inability  or  disability. 
The  treasurer  shall  be  responsible  for  all  the  acts  of  the  deputy 
treasurer,  and  any  default  or  malfeasance  in  the  office  of  such 
deputy  treasurer  shall  be  deemed  to  be  a  breach  of  the  con- 
dition in  the  bond  given  by  said  treasurer  who  appointed  him, 
as  herein  provided. 


137 


Id.;   To  pay  salaries  and  discharge  obligations  of  departmeiit. 

Sec.  297.  The  Police  Board  through  its  Treasurer,  and  in 
pursuance  of  orders,  rules  and  regulations  of  the  Police  Board, 
shall  pay  all  salaries  and  wages  to  officers  and  me^nbers  of 
the  Police  Department  and  force,  as  established  by  and  in  pur- 
suance of  law,  and  all  bills,  claims  and  obligations  lawfully 
incurred  by  or  by  authority  of  said  Police  Department ;  and 
the  Comptroller  shall  pay  over  to  the  Treasurer  of  the  Police 
Board  on  the  requisition  of  the  Police  Board,  the  total  amount 
annually  estimated,  levied,  raised,  and  appropriated  for  the 
support  and  maintenance  of  the  Police  Department  and  force, 
from  time  to  time,  and  in  such  sums  as  shall  be  required  (not 
exceeding  one-twelfth  part  of  said  total  annual  amount  in  any 
one  month),  and  the  treasurer  of  the  Police  Board,  if  required 
by  the  Comptroller,  shall  transmit  to  the  Department  of  Finance, 
each  month,  duplicate  vouchers  for  the  payment  of  all  sums  of 
money  made  on  account  of  the  Police  Department  during  each 
month.  The  Police  Board  shall  procure  and  pay  for  all  printing, 
books,  blanks,  paper,  and  other  articles  of  stationery  required 
for  the  administration  and  business  of  the  department  and  each 
bureau  thereof. 

Id,;   Copy  of  minutes  when  evidence. 

Sec.  298.  A  copy  of  the  minutes  of  the  Police  Board,  or  of 
any  part  of  said  minutes,  or  of  any  order  or  resolution  of  said 
Board,  or  of  the  rules  and  regulations  established  by  said  Board, 
or  any  or  either  of  them,  when  certified  by  the  President  of  said 
Board  and  the  Chief  Clerk,  or  First  Deputy  Clerk  of  said  Board 
or  of  said  Police  Department,  may  be  given  in  evidence  upon  any 
trial,  investigation,  hearing  or  proceeding  in  any  court,  or 
before  any  Tribunal,  Commissioner  or  Commissioners,  or  Board, 
with  the  same  force  and  effect  as  the  original. 

Salaries  of  officers  and  members  of  the  force. 

Sec.  299.  Except  as  otherwise  provided  in  sections  283  and 
290  of  this  Act,  the  annual  salaries  and  compensation  of  the 
officers  and  members  of  the  police  force  shall  be  as  follows,  to 
wit :   of  the  Chief  of  Police,  six  thousand  dollars :  of  each  Deputy 

138 


Chief  of  Police,  five  thousand  dollars;  of  each  Inspector  of 
Police,  three  thousand^  five  hundred  dollars ;  of  each  Captain 
of  Police,  two  thousand  seven  hundred  and  fifty  dollars;  of 
each  Police  Surgeon,  three  thousand  dollars;  of  each  Sergeant 
of  Police,  two  thousand  dollars;  of  each  doorman,  one  thousand 
dollars ;  of  each  roundsman,  one  thousand  five  hundred 
dollars ;  and  the  grade  and  pay  or  compensation  of  patrol- 
men or  policemen  shall  be  as  follows,  to  wit :  All  such  members 
who  are  patrolmen  and  who  shall  have  served  five  years  ^or  up- 
wards on  said  force,  shall  be  members  of  the  first  grade.  All 
such  members  who  shall  have  served  on  such  force  for  less  than  five 
years  and  more  than  four  years  and  six  months,  shall  be  members 
of  the  second  grade.  All  such  members  who  shall  have  served  on 
such  force  for  less  than  four  years  and  six  months,  and  more  than 
four  years,  shall  be  members  of  the  third  grade.  All  such  mem- 
bers who  shall  have  served  on  such  force  for  less  than  four  years 
and  more  than  three  years,  shall  be  members  of  the  fourth  grade. 
All  such  members  who  shall  have  served  on  such  force  for  less 
than  three  years  and  more  than  two  years,  shall  be  members  of 
the  fifth  grade.  All  such  members  who  shall  have  served  on 
such  force  for  less  than  two  years  and  more  than  one  year,  shall 
be  members  of  the  sixth  grade.  And  all  persons  appointed 
patrolmen  on  or  after  the  first  day  of  January,  eighteen 
hundred  and  ninety-eight,  shall  be  members  of  the  seventh 
grade.  Whenever     any     member     of     the     seventh     grade 

shall  have  done  service  therein  for  one  year,  he  shall 
be  advanced  to  the  sixth  grade.  Whene\er  any  member 
of  the  sixth  grade  shall  have  done  service  therein  for  one 
year,  he  shall  be  advanced  to  the  fifth  grade.  Whenever  any 
member  of  the  fifth  grade  shall  have  done  service  therein  for  one 
year,  he  shall  be  advanced  to  the  fourth  grade.  Whenever  any 
member  of  the  fourth  grade  shall  have  done  service  therein 
for  one  year,  he  shall  be  advanced  to  the  third  grade.  When- 
ever any  member  of  the  third  grade  shall  have  done  service 
therein  for  six  months,  he  shall  be  advanced  to  the  second  grade. 
And  any  member  of  said  force  who  shall  have  served  six  months 
in  the  second  grade,  shall  become  a  mem^ber  of  the  first  grade. 
But  no  such  patrolman  shall  be  so  advanced  as  aforesaid,  except 

139 


after  examination  and  approval  by  the  Police  Board  of  hi  records, 
efficiency,  and  conduct.  The  annual  pay  or  compensation  of  the 
members  of  the  police  force  who  are  patrolmen,  as  aforesaid, 
shall  be  as  follows;  For  members  of  the  first  grade,  at  the  rate 
of  not  less  than  one  thousand  four  hundred  dollars  each ;  for 
members  of  the  second  grade,  at  the  rate  of  not  less  than  one  * 
thousand  three  hundred  and  fifty  dollars  each ;  for  members  of 
the  third  grade,  at  the  rate  of  not  less  than  one  thousand  two 
hundred  and  fifty  dollars  each  :  for  members  of  the  fourth  grade, 
at  the  rate  of  not  less  than  one  thousand  one  hundred  and  fifty 
dollars  each :  for  members  of  the  fifth  grade,  at  the  rate  of  not 
'less  than  one  thousand  dollars  each;  for  members  of  the  sixth 
grade,  at  the  rate  of  not  less  than  nine  hundred  dollars  each ;  for 
members  of  the  seventh  grade,  at  the  rate  of  not  less  than  eight 
hundred  dollars  each.  The  pay  or  compensation  aforesaid  shall 
be  paid  monthly  to  each  person  entitled  thereto,  subject  to  such 
deductions  for  or  on  account  of  lost  time,  sickness,  disabil- 
ity, absence,  fines,  or  forfeitures,  as  the  Police  Department 
may,  by  rules  and  regulations,  from  time  to  time  prescribe  or 
adopt. 

Nothing  in  this  section  contained  shall  be  construed  to  change 
in  any  way  the  salaries  or  grading,  present  or  prospective,  of  the 
patrolmen  or  policemen  who  are  or  become  members  of  the  New 
York  Police  force  prior  to  January  first,  eighteen  hundred  and 
ninety-eight. 

All  other  patrolmen  or  policemen  of  the  various  police  forces 
consolidated  into  a  single  force  by  the  provisions  of  this  Act, 
shall  belong,  so  far  as  pay  or  compensation  is  concerned,  to  the 
grade  indicated  by  the  pay  or  compensation  which  they  are  res- 
pectively receiving  on  January  first,  eighteen  hundred  and  ninety- 
eight.  But  nothing  in  this  section  contained  shall  be  construed 
to  affect  in  any  other  way  the  rights  and  privileges  secured 
under  the  provisions  of  this  Act  to  the  members  of  the  various 
police  forces  consolidated  into  a  single  force  by  this  Act. 

The  date  for  the  eligibility  of  any  member  of  the  forces  trans- 
ferred to  the  consolidated  force  by  sections  277,  278,  279  and  280 
of  this  Act  for  advancement  to  the  next  grade,  shall  be  the  day 
of  the  year  on  which  he  was    originally  appointed    to    the    force 

140 


from  which  he  was  transferred ;  and  any  member  of  the  forces 
so  transferred  not  a  member  of  the  New  York  police  force  prior 
to  January  first,  eighteen  hundred  and  ninety-eight,  whose  salary 
falls  between  two  grades,  shall  receive  the  salary  of  and  be 
assigned  to  the  grade  next  above  the  salary  he  is  receiving  at 
the  time  of  transfer. 

Salaries  of  all  officers  in  the  forces  so  transferred,  other  than 
officers  in  the  New  York  police  prior  to  January  first,  eighteen 
hundred  and  ninety-eight,  shall  be  equalized  on  the  same  basis. 
If  the  difference  in  pay  is  not  more  than  fifty  dollars,  the  pay 
shall  be  equalized  at  once.  If  the  difference  is  more  than  fifty 
dollars,  the  pay  shall  be  made  uniform  within  three  years  by 
equal  annual  additions. 

Police  Board.     Rules,  etc. ,  for  government  and  discipline  of  Polia 
Department  and  Police  Force.     Dismissals. 

Sec.  300.  The  Police  Board  is  authorized  and  empowered  to 
make,  adopt  and  enforce  rules,  orders  and  regulations  for  the  gov- 
ernment, discipline,  administration  and  disposition  of  the  Police 
Department  and  Police  Force  and  the  members  thereof.  It 
shall  have  power  and  is  authorized  to  adopt  rules  and  regula- 
tions for  the  examination,  hearing,  investigation  and  determina- 
tion of  charges  made  or  preferred  against  any  member  or  mem- 
bers of  the  said  police  force,  but  no  member  or  members  of  the 
police  force  except  as  otherwise  provided  in  this  Chapter  shall  be 
fined,  reprimanded,  removed,  suspended  or  dismissed  from  the 
police  force  until  written  charges  shall  have  been  made  or  preferred 
against  him  or  them,  nor  until  such  charges  have  been  examined, 
heard  and  investigated  before  one  or  more  members  of  said 
Board,  upon  such  reasonable  notice  to  the  member  or  members 
charged,  and  in  such  manner  of  procedure,  practice,  examination 
and  investigation  as  the  said  Board  may,  by  rules  and  regula- 
tions, from  time  to  time  prescribe.  Such  rules  and  regula- 
tions shall,  as  nearly  as  may  be,  provide  that  where  a  charge  is 
preferred  against  any  member  of  the  police  force,  the  investiga- 
tion of  such  charge  and  the  taking  of  testimony  with  reference 
thereto  shall  be  at  Police  H  eadquarters  in  the  Borough  within 
which  the  accused  member  was  serving  at  the  time  the  charge 

131 


was  preferred.  In  all  cases  where  the  offence  charged  is  punish- 
able by  fine,  the  case  may  be  fully  and  finally  disposed  of  by 
one  Commissioner.  Any  member  of  the  police  force  who  may 
hereafter  become  insane  or  of  unsound  mind,  so  as  to  be'unable 
or  unfit  to  perform  full  police  service  or  duty,  may  be  removed 
and  dismissed  from  the  police  force  by  the  Board. ^The  Police 
Board  may,  by  a  unanimous  vote  of  the  Board,  or  by  a  vote 
of  a  majority  of  its  members  with  the  approval  of  the  Mayor, 
retire  the  Chief  of  Police  or  any  Deputy  Chief. 

Police   Commissioners,  etc.,  may  issue  subpoenas.      Who  may   administer 
oaths. 

Sec.  301.  Either  of  the  Police  Commissioners  shall  have 
power  to  issue  subpoenas  attested  in  the  name  of  the  President  of 
the  Police  Board,  and  to  exact  and  compel  obedience  to  any  order, 
subpoena  or  mandate  issued  by  them,  and  to  that  end  may  insti- 
tute and  prosecute  any  proceedings  or  action  authorized^by  law  in 
such  cases.  They  or  either  of  them  may  in  proper  cases}  issue 
subpoenas  duces  tecum.  Said  Board  may  devise,  make  and  issue 
process  and  forms  of  proceedings  to  carry  into  effect  any  powers 
or  jurisdiction  possessed  by  them.  Each  of  the  Police  Com- 
missioners, the  Chief  of  Police,  each  Deputy-Chief  of  Police, 
the  Chief  Clerk  and  First  Deputy-Clerk  of  said  Police  Board 
or  Police  Department  are  hereby  authorized  and  empowered 
to  administer  oaths  and  affirmations  in  the  usual  or  appro- 
priate forms,  to  any  person  in  any  matter  'or  proceedings 
authorized  as  aforesaid,  and  in  all  matters  pertaining  to  the 
Police  Department  or  the  duties  of  any  officer  or  other 
person  in  matters  of  or  connected  with  said  Department 
and  to  administer  oaths  of  oflfice  which  may  be  taken  or  required 
in  the  administration  or  affairs  of  said  Department,  and  to  take 
and  administer  oaths  and  affirmations,  in  the  usual  or  appro- 
priate forms,  in  taking  any  affidavit  or  deposition  which  may  be 
necessary  or  required  by  law  or  by  any  order,  rule,  or  regulation 
of  the  Police  Board,  for  or  in  connection  with  the  official  [pur- 
poses, affairs,  powers,  duties  or  proceedings  of  said  Police 
Department,  or  of  said  Police  Board,  or  of  any  Police  Com- 
missioner, or  member  of  the  policejforce.'or  any  official  purpose 

142 


lawfully  authorized  by  said  Board.  Any  person  making  a  com- 
plaint that  a  felony  or  misdemeanor  has  been  committed  may  be 
required  to  make  oath  or  afifirmation  thereto,  and  for  this  pur- 
pose a  Police  Commissioner,  the  Chief  of  Police,  the  Deputy 
Chiefs  of  Police,  the  Chief  Clerk,  or  Deputy  Clerks  of  the  Police 
Department  or  Police  Board,  the  Inspectors,  Captains  and  Ser- 
geants of  police  shall  have  power  to  administer  oaths  and 
affirmations. 

Police  Board.    Punishments  by.    Limitation  of  suits  for  reinstatements,  etc. 

Sec,  302.  The  Police  Board  shall  have  power,  in  its  dis- 
cretion, on  conviction  by  it  or  by  any  court  or  officer  of 
competent  jurisdiction,  of  a  member  of  the  force  of  any 
criminal  offence,'  or  neglect  of  duty,  violation  of  rules, 
or  neglect  or  disobedience  of  orders,  or  absence  without 
leave,  or  any  conduct  injurious  to  the  public  peace  or  wel- 
fare, or  immoral  conduct,  or  conduct  unbecoming  an  officer, 
or  any  breach  of  discipline,  to  punish  the  offending  party  by 
reprimand,  forfeiting  and  withholding  pay  for  a  specified  time, 
suspension,  without  pay  during  such  suspension,  or  by  dismissal 
from  the  force;  but  no  more  than  thirty  days'  pay  or  salary 
shall  be  forfeited  or  deducted  for  any  offense.  All  such  for- 
feitures shall  be  paid  forthwith  to  the  Treasurer  of  the  Depart- 
ment to  the  account  of  the  police  pension  fund.  The  Police 
Board  is  also  authorized  and  empowered,  in  its  discretion,  to 
deduct  and  withhold  pay,  salary  or  compensation  from  any  mem- 
ber or  members  of  the  police  force,  for  or  on  account  of  absence 
for  any  cause  without  leave,  lost  time,  sickness  or  other 
disability,  physical  or  mental ;  provided,  however,  that  the  pay, 
salary  or  compensation  so  deducted  and  withheld  shall  not,  ex- 
cept in  case  of  absence  without  leave,  exceed  one-half  thereof 
for  the  period  of  such  absence,  any  act  or  law  to  the  contrary 
notwithstanding;  and  said  Police  Board  is  authorized  and  em- 
powered from  time  to  time  to  make  and  prescribe  rules  and  regu- 
lations to  carry  into  effect  and  enforce  the  provisions  of  this 
section.  No  action,  suit  or  proceeding,  either  at  law  or  in 
equity,  shall  be  commenced  or  maintained  against  the  Police 
Department,   or    any   member   thereof,    or   against    the    Police 

143 


Board,  Police  Commissioners  or  either  of  them,  or  against 
The  City  of  New  York  by  any  member  or  officer,  or  former 
member  or  officer  of  or  belonging  to  the  police  force  or  de- 
partment of  said  city  to  recover  or  compel  the  payment  of  any 
salary,  pay,  money  or  compensation  for  or  on  account  of  any 
service  or  duty,  or  to  recover  any  salary,  compensation  or 
moneys,  or  any  part  thereof  forfeited,  deducted  or  withheld  for 
any  cause,  or  to  restore  or  reinstate  to  the  police  force  or  depart- 
ment any  member  or  officer  thereof,  unless  such  action,  suit  or 
proceeding  shall  be  commenced  within  two  years  after  the  cause 
of  action  shall  have  accrued ;  provided  that  causes  of  action  or 
proceedings  which  shall  have  heretofore  accrued  may  be  begun  or 
brought  within  six  years  after  the  same  shall  have  accrued  and 
within  two  years  after  the  passage  of  this  Act ;  but  nothing 
jn  this  section  contained  shall  be  construed  or  held  to  extend 
the  time  in  which  causes  of  action  or  proceedings  which  shall 
have  heretofore  accrued  must  be  brought. 

Police  Force.     Resignations  and  absences  on  leave. 

Sec.  303.  No  member  of  the  police  force,  under  penalty 
of  forfeiting  the  salary  or  pay  which  may  be  due  him,  shall 
withdraw  or  resign,  except  by  permission  of  the  Police  Board. 
Absence,  without  leave,  of  any  member  of  the  police  force  for 
five  consecutive  days  shall  be  deemed  and  held  to  be  a  resigna- 
tion, and  the  member  so  absent  shall,  at  the  expiration  of  said 
period  cease  to  be  a  member  of  the  police  force  and  be  dismissed 
therefrom  without  notice.  No  leave  of  absence  exceeding 
twenty  days  in  any  one  year  shall  hereafter  be  granted  or 
allowed  to  any  member  of  the  police  force,  except  upon  the 
condition  that  such  member  shall  waive  and  release  not  less  than 
one-half  of  all  salary,  pay  or  compensation  and  claim  thereto, 
or  any  part  thereof,  during  such  absence. 

Id.;  Regulations  of  Civil  Service  Commissioners. 

Sec.  304.  The  Civil  Service  Commissioners  shall  prescribe 
such  regulations  for  the  admission  of  persons  into  the  police 
force  and  into  the  service  of  the  Police;  Department  as  may 
best  promote  the  efficiency   thereof,  and   ascertain   the  fitness 

144 


of  candidates  in  respect  to  character,  knowledge  and  ability  for 
the  police  force.  The  regulations  so  to  be  prescribed  shall, 
among  other  things,  be  in  furtherance  of  the  following  provis- 
ions 

1.  For  open,  competitive  examinations  for  testing  the 
fitness  of  applicants  for  the  police  force.  Such  examina- 
tions shall  be  practical  in  their  character,  and,  so  far  as 
may  be,  shall  relate  to  those  matters  which  will  fairly 
test  the  relative  capacity  and  fitness  of  the  persons 
examined  to  discharge  the  duties  of  that  service  into 
which  they  seek  to  be  appointed. 

2.  All  oflficeg,  places  and  employment  so  arranged  or 
to  be  arranged  in  classes  shall  be  filled  by  selection  from 
among  those  graded  highest  as  the  result  of  said  com- 
petitive examinations ;  provided,  however,  that  the  said 
Board  shall  not  be  required  to  appoint  from,  but  may 
in  their  discretion,  ignore  those  who  have  heretofore  been 
reported  or  decided  to  be  eligible  for  appointment. 

3.  There  shall  be  a  period  of  probation  before  any 
absolute  appointment  or  employment  in  the  police  force. 

4.  Promotions  from  the  lower  grades  to  the  higher 
grades  shall  be  on  the  basis  of  seniority,  of  merit  and 
of  excellence,  as  shown  by  competitive  examination.  The 
Police  Board  shall  transmit  to  the  Civil  Service  Commis- 
sion, the  record  of  each  candidate  for  promotion. 

5.  There  shall  be  non-competitive  examination  where, 
after  due  efforts  by  previous  public  advertisement  or 
otherwise,  competition  may  be  found  not  to  be  practic- 
able. 

Police  Board.     Rewards  to  informers. 

Sec.  305.  The  Police  Board  shall  have  authority  to  offer 
rewards  to  induce  all  classes  of  persons  to  give  information 
which  shall  lead  to  the  detection,  arrest  and  conviction  of  per- 
sons guilty  of  homicides,  arson,  or  receiving  stolen  goods,  know- 
ing them  to  be  stolen ;   and  to  pay  such  rewards  to  such  persons 

145 


as  shall  give  such  information.  But  no  such  reward  shall  be 
offered  unless  there  be  an  unexpended  appropriation  therefor 
made  by  the  Board  of  Estimate^  and  Apportionment,  which 
shall  make  the  necessary  appropriation  for  such  purpose. 

Police  Force.     Gratuities  and  political  contributions  forbidden.     May  be 
permitted  to  retain  rewards. 

Sec.  306.  No  member  of  the  police  force  or  employee  of 
the  police  department  shall,  under  any  pretense  whatsoever, 
share  in,  for  his  own  benefit,  any  present,  fee,  gift  or  emolu- 
ment for  police  services,  or  for  services  of  the  Police  Depart- 
ment or  any  member  thereof,  additional  to  his  regular  salary, 
pay  or  compensation.  The  Police  Board,  for  merit- 
orious and  extraordinary  services  rendered  by  any  member 
of  the  police  force  in  due  discharge  of  his  duty,  may  permit 
such  member  of  the  police  force  to  retain  for  his  own  benefit 
any  reward  or  present,  or  some  part  thereof,  tendered  him 
therefor;  and  it  shall  be  cause  for  removal  from  the  police 
force  for  any  member  thereof  to  receive  any  such  reward 
or  present  without  notice  thereof  to  the  Police  Board. 
Upon  receiving  said  notice,  the  Police  Board  may  either 
order  the  said  member  to  retain  the  same,  or  shall  dispose  of  it 
for  the  benefit  of  the  police  pension  fund.  No  person  in  the 
police  force  shall  be  permitted  to  contribute  any  moneys  di- 
rectly or  indirectly,  to  any  political  fund,  or  to  join  or  be  or 
become  a  member  of  any  political  club  or  association  or  any 
club  or  association  intended  to  affect  legislation  ^for  or  on 
behalf  of  the  Police  Department  or  any  member  thereof,  or 
to  contribute  any  funds  for  such  purpose. 

Id.;  Detail  of  policemen  at  polls. 

Sec.  307.  It  shall  be  the  duty  of  the  Chief  of  Police  to  detail, 
or  to  cause  to  be  detailed  on  election  day,  at  least  two  patrolmen 
at  each  election  poll.  It  shall  be  the  duty  of  the  police  |]force, 
or  any  member  thereof,  to  prevent  any  booth,  or  box,  or 
structure  for  the  distribution  of  tickets  at  any  election  from 
being  erected  or  maintained   within   one  hundred  and   fifty  feet 

146 


of  any  polling  place  within  the  city,  and  summarily  to  remove  any 
such  booth,  box  or  structure,  or  to  close  and  prevent  the  use 
thereof. 

Id.;  Special patrolmeji ;  when  may  be  appointed.     Military  assistance. 

Sec.  308.  The  Police  Board  may,  upon  an  emergency 
or  apprehension  of  riot,  tumult,  mob,  insurrection,  pesti- 
lence or  invasion,  appoint  as  many  special  patrolmen  without 
pay  from  among  the  citizens  as  it  may  deem  desirable.  The 
Mayor,  or,  in  case  of  his  failure  so  to  do,  the  Governor 
may  demand  the  assistance  of  the  militia  of  the  State 
within  the  city,  or  of  any  brigade,  regiment  or  company 
thereof,  by  order  in  writing  served  upon  the  command- 
ing officer  of  any  brigade  and  such  commanding  officer 
shall  obey  such  order.  Special  patrolmen,  appointed  in  pursu- 
ance of  law,  may  be  dismissed  by  order  of  the  Police  Board ; 
and  while  acting  as  such  special  patrolmen  shall  possess 
the  powers,  perform  the  duties,  and  be  subject  to  the  orders, 
rules  and  regulations  of  the  Police  Department  in  the  same 
manner  as  regular  patrolmen.  Every  such  special  patrolman  shall 
wear  a  badge,  to  be  prescribed  and  furnished  by  the  Police 
Board.  No  transfer,  detail  or  assignment  to  special  duty 
of  any  member  of  the  police  force,  except  in  cases  authorized 
or  required  by  law,  shall  hereafter  be  made  or  continued,  except 
for  police  reasons  and  in  the  interests  of  police  service ;  provided, 
however,  that  the  Chief  of  Police  may,  whenever  the  exigencies 
of  the  case  require  it,  make  detail  to  special  duty  for  a  period 
not  exceeding  three  days,  at  the  expiration  of  which  the  mem- 
ber or  members  so  detailed  shall  report  for  duty  to  the  officer  of 
the  command  from  which  the  detail  was  made.  The 
Police  Board,  whenever  expedient,  may  on  the  applica- 
tion of  any  person  or  persons,  corporation  or  corporations, 
showing  the  necessity  therefor,  detail  regular  patrolmen  of  the 
police  force,  or  appoint  and  swear  any  number  of  special 
patrolmen  to  do  special  duty  at  any  place  in  The  City  of  New 
York  upon  the  person  or  persons,  corporation  or  corporations  by 
whom  the  application  shall  be  made,  paying,  in  advance,  such 
regular  or  special  patrolmen  for  their  services,  and  upon  such 

147 


regular  or  special  patrolmen,  in  consideration  of  their  appoint- 
ment, signing  an  agreement  in  writing  releasing  and  waiving  all 
claim  whatever  against  the  Police  Department  and  The  City  of 
New  York  for  pay,  salary  or  compensation  for  their  services  and 
for  all  expenses  connected  therewith;  regular  patrolmen  so 
detailed  shall  be  paid  at  the  same  rate  as  provided  for  patrolmen 
in  this  Act;  but  the  regular  or  special  patrolmen  so  appointed 
shall  be  subject  to  the  orders  of  the  Chief  of  Police  and  shall 
obey  the  rules  and  regulations  of  the  Police  Department  and 
conform  to  its  general  discipline  and  to  such  special  regulations 
as  may  be  made  and  shall  wear  such  dress  or  emblems  as  the 
department  may  direct,  and  shall  during  the  term  of  their  hold- 
ing appointment  possess  all  the  powers  and  discharge  all  the 
duties  of  the  police  force,  applicable  to  regular  patrolmen.  The 
special  patrolmen  so  appointed  may  be  removed  at  any  time 
by  the  Police  Board  without  assigning  cause  therefor,  and 
nothing  in  this  section  contained  shall  be  construed  to  constitute 
such  special  patrolmen  members  of  the  police  force,  or  to 
entitle  them  to  the  privilege  of  the  regular  members  of  the 
force,  or  to  receive  any  salary,  pay,  compensation  or  moneys 
whatever  from  the  said  Police  Department  or  The  City  of  New 
York,  or  to  share  in  the  police  pension  fund. 

Police  Board.     Detail  persons  to  attend  Courts. 

Sec.  309.  It  shall  be  the  duty  of  the  Police; Board, 
to  cause  some  intelligent  and  experienced  person  connected 
with  the  police  force  to  attend  at  the  courts  of  the  city  in  cases 
where  there  is  need  of  such  assistance,  who  shall,  to  such  extent 
as  the  rules  of  the  Board  of  Magistrates  may  reasonably  require, 
aid  in  bringing  the  facts  before  the  magistrates  in  proceedings 
pending  in  such  police  courts. 

Police  Department  to  co-operate  with  Department  of  Health. 

Sec.  310.  It  shall  be  the  duty  of  the  Police  Department 
(and  of  its  officers  and  men,  as  said  Police  Board  ^  shall 
direct)  to  promptly  advise  the  Department  of  Health  of  all 
threatened  danger  to  human  life  and  health,  and  of  all  matters 
thought  to  demand  its  attention,  and  to  regularly  report  to  said 

148 


Department  of  Health  all  violations  of  its  rules  and  ordinances, 
and  of  the  health  laws,  and  all  useful  sanitary  information.  Said 
Department,  shall,  so  far  as  practicable  and  appropriate,  co-op- 
erate for  the  promotion  of  the  public  health  and  the  safety  of 
human  life  in  said  city.  It  shall  be  the  duty  of  said  Police  De- 
partment, by  and  through  its  proper  officers,  agents  and  men,  to 
faithfully  and  at  the  proper  time  enforce  and  execute  the  sani- 
tary rules  and  regulations,  and  the  orders  of  said  Department  of 
Health  (made  pursuant  to  the  power  of  said  Department  of 
Health),  upon  the  same  being  received  in  writing  and  duly  au- 
thenticated as  said  Department  of  Health  may  direct.  Said 
Police  Department  is  authorized  to  employ  and  use  the  appro- 
priate persons  and  means,  and  to  make  the  necessary  expend- 
itures for  the  execution  and  enforcement  of  said  rules,  orders, 
and  regulations,  and  such  expenditures,  so  far  as  the  same 
may  not  be  refunded  or  compensated  by  the  means  herein 
elsewhere  provided,  shall  be  paid  as  the  other  expenses  of 
said  Department  of  Health  are  paid.  In  and  about  the  exe- 
cution of  any  order  of  the  Department  of  Health,  or  of  the 
Police  Department  made  pursuant  thereto,  police  officers  and 
policemen  shall  have  as  ample  power  and  authority  as  when 
obeying  any  order  of  or  law  applicable  to  the  Police  Depart- 
ment, or  as  if  acting  under  a  special  warrant  of  a  justice  or  judge, 
duly  issued ;  but  for  their  conduct  they  shall  be  responsible  to 
the  Police  Department  and  not  to  the  Department  of  Health.  The 
Department  of  Health  may,  with  the  consent  of  the  Police  De- 
partment, impose  any  portion  of  the  duties  of  subordinates  in 
said  department  upon  subordinates  in  the  police  department. 

Police  Force.     Arrests  for  violation  of  health  laws. 

Sec.  311.  Any  member  of  the  police  force  may  arrest  without 
warrant  any  person  who  shall,  in  view  of  such  member,  violate,  or 
do,  or  be  engaged  in  doing  or  committing  in  said  city,  any  act  or 
thing  forbidden  by  Chapter  XIX  of  this  Act,  or  by  any  law  or  by 
any  ordinance  the  authority  to  enact  which  is  given  by  this  Act  or 
any  other  Statute  or  who  shall,  in  such  presence,  resist  or  be 
engaged  in  resisting  the  lawful  enforcement  of  any  such  law  or 
ordinance  or  any  official  order  made  pursuant  to  any  Statute  of 

149 


fairiviEs: 


this  State.  And  any  person  so  arrested  shall  thereafter  be 
treated,  disposed  of  and  punished  as  any  other  person  duly 
arrested  for  a  misdemeanor  unless  other  provision  "is  made  for 
the  case  by  law. 

Id. :  Detail  of  officers  and  men  to  assist  Department  of  Health. 

Sec.  312.  The  Police  Board,  upon  the  requisition  of  the 
Board  of  Health,  shall  detail  to  the  service  of  the  said  Depart- 
ment of  Health  for  the  purpose  of  the  enforcement  of  the  pro- 
visions of  the  sanitary  code,  and  of  the  acts  relating  to|tenement 
and  lodging  houses,  not  less  than  fifty  nor  more  than  one  hundred 
suitable  oflficers  and  men  of  experience  of  at  least  five  years' 
service  in  the  police  force,  provided  that  the  Department  of 
Health  shall  pay  monthly  to  the  Police  Department  a  sum  equal 
to  the  pay  of  all  officers  and  men  so  detailed.  At  least  thirty 
of  the  officers  and  men  so  detailed  shall  be  employed  exclusively 
in  the  enforcement  of  the  laws  relating  to  tenement  and  lodging 
houses.  These  officers  and  men  shall  belong  to  the  sanitary 
company  of  police,  and  shall  report  to  the  Board  of  Health. 
The  Board  of  Health  may  report  back  to  the  Police  Department 
for  punishment  any  member  of  said  company  guilty  of  any  breach 
of  orders  or  discipline,  or  of  neglecting  his  duty,  and  thereupon 
the  Police  Board  shall  detail  another  officer  or  man  in  his  place, 
and  the  discipline  of  the  said  members  of  the  sanitary  company 
shall  be  in  the  jurisdiction  of  the  Police  Department,  but  at  any 
time  the  Board  of  Health  may  object  to  any  member  of  said 
sanitary  company  on  the  ground  of  inefficiency,  and  thereupon 
another  officer  or  man  shall  be  detailed  in  his  place. 

Id.;    Detail  of  officers  and  men  to  assist  the  Department  of  Public  Parks. 

Sec.  313.  The  Police  Board,  upon  the  requisition  of  either 
of  the  Commissioners  of  Parks,  shall  from  time  to  time  detail  to 
the  service  of  the  Department  of  Parks  in  the  Borough  or  Bor- 
oughs under  the  charge  of  such  Commissioner,  for  the  enforce- 
ment of  the  park  ordinances  and  for  the  maintenance  of  good 
order  in  the  parks,  so  many  suitable  officers  and  men  as  in  the 
judgment  of  the  Police  Department  are  necessary.  Such  officers 
and  men  shall  continue  to  be  in  all  respects  an  integral  part  of 

150 


the  Police  force  of  the  city  and  shall  be  paid  out  of  the  funds 
appropriated  for  the  support  of  the  Police  Department.  These 
officers  and  men  shall  constitute  the  Park  Police  so  long  as  their 
detail  lasts,  and  shall  report  to  the  Park  Commissioner  in  charge 
of  the  parks  in  which  they  serve.  Each  Commissioner  of  Parks 
may  report  back  to  the  Police  Department  for  punishment  any 
member  of  said  Park  Police  force  guilty  of  any  breach  of  orders 
or  discipline,  or  of  neglecting  his  duty,  and  thereupon  the  Police 
Department  may  detail  another  officer  or  man  in  his  place :  and 
the  discipline  of  the  said  members  of  the  Park  Police  shall  be  in 
the  jurisdiction  of  the  Police  Department,  but  at  any  time  either 
Commissioner  of  Parks  may  object  to  the  inefficiency  of  any  mem- 
ber of  said  Park  Police  serving  in  any  park  under  his  charge  and 
thereupon  another  officer  or  man  may  be  detailed  in  his  place. 

Id.:  Detail  of  officers  and  men  to  assist  the  Department  of  Bridges. 

Sec.  314.  The  Police  Board,  upon  the  requisition  of  the 
Commissioner  of  Bridges  shall  from  time  to  time  detail  to  the 
service  of  the  Department  of  Bridges  for  the  enforcement  of  the 
ordinances  regulating  travel  over  any  of  the  bridges  and  for  the 
maintenance  of  good  order  thereon,  so  many  suitable  officers 
and  men  as  in  the  judgment  of  the  Police  Department  are  neces- 
sary. Such  officers  and  men  shall  continue  to  be  in  all  respects 
an  integral  part  of  the  Police  force  of  the  city  and  shall  be  paid 
out  of  the  funds  appropriated  for  the  support  of  the  Police 
Department.  These  officers  and  men  shall  constitute  the  Bridge 
Police  so  long  as  their  detail  lasts,  and  shall  report  to  the  Commis- 
sioner of  Bridges.  The  Commissioner  of  Bridges  may  report  back 
to  the  Police  Department  for  punishment  any  member  of  said 
Bridge  Police  force  guilty  of  any  breach  of  orders  or  discipline, 
or  of  neglecting  his  duty,  and  thereupon  the  Police  Department 
may  detail  another  officer  or  man  in  his  place ;  and  the  discipline 
of  the  said  members  of  the  Bridge  Police  shall  be  in  the  jurisdic- 
tion of  the  Police  Department,  but  at  any  time  the  Commissioner 
of  Bridges  may  object  to  the  inefficiency  of  any  member  of  said 
Bridge  Police  and  thereupon  another  officer  or  man  may  be 
detailed  in  his  place. 

151 


Id.;  Duties  of. 

Sec,  315.  It  is  hereby  made  the  duty  of  the  Police  Depart- 
ment and  force,  at  all  times  of  day  and  night,  and  the  members  of 
such  force  are  hereby  thereunto  empowered,  to  especially  preserve 
the  public  peace,  prevent  crime,  detect  and  arrest  offenders,  sup- 
press riots,  mobs  and  insurrections,  disperse  unlawful  or  dangerous 
assemblages,  and  assemblages  which  obstruct  the  free  passage  of 
public  streets,  sidewalks,  parks  and  places ;  protect  the  rights  of 
persons  and  property,  guard  the  public  health,  preserve  order  at 
elections  and  all  public  meetings  and  assemblages ;  regulate  the 
movement  of  teams  and  vehicles  in  streets,  bridges,  squares,  parks 
^nd  public  places,  and  remove  all  nuisances  in  the  public  streets, 
parks  and  highways ;  arrest  all  street  mendicants  and  beggars ; 
provide  proper  police  attendance  at  fires ;  assist,  advise,  and  pro- 
tect emigrants,  strangers  and  travelers  in  public  streets,  at  steam- 
boat and  ship  landings,  and  at  railroad  stations ;  carefully  observe 
and  inspect  all  places  of  public  amusement,  all  places  of  business 
having  excise  or  other  licenses  to  carry  on  any  business ;  all  houses 
of  ill-fame  or  prostitution,  and  houses  where  common  prostitutes 
resort  or  reside ;  all  lottery  ofifices,  policy  shops,  and  places  where 
lottery  tickets  or  lottery  policies  are  sold  or  offered  for  sale ;  all 
gambling  houses,  cock-pits,  rat-pits,  and  public  common  dance- 
Jiouses,  and  to  repress  and  restrain  all  unlawful  and  disorderly 
conduct  or  practices  therein ;  enforce  and  prevent  the  violation 
of  all  laws  and  ordinances  in  force  in  said  city ;  and  for  these 
purposes,  to  arrest  all  persons  guilty  of  violating  any  law  or  ordi- 
nance for  the  suppression  or  punishment  of  crimes  or  offenses. 

Id.;   General  powers  over  certain  trades. 

Sec.  316.  The  Chief  of  Police  and  each  Deputy  Chief  of 
Police,  and  each  Inspector  in  his  district,  and  each  Captain  .of 
Police  within  his  precinct,  shall  possess  powers  of  general 
police  supervision  and  inspection  over  all  licensed  or  unlicensed 
pawnbrokers,  venders,  junk-shop  keepers,  junk-boatmen,  cart- 
men,  dealers  in  second-hand  merchandise,  intelligence-office 
keepers,  and  auctioneers,  within  the  said  city;  and  in  the 
exercise    of    said    supervision,     may    from    time   to  time    em- 

152 


power  members  of  the  police  force  to  fulfill  such  special 
duties  in  the  aforesaid  premises  as  may  be  from  time  to 
time  ordained  by  the  Police  Board,  The  said  Chief  of  Police 
and  each  Deputy  Chief  of  Police,  and  each  Inspector  in 
his  district  and  each  Captain  within  his  precinct,  may,  by  author- 
ity in  writing,  empower  any  member  of  the  police  force,  whenever 
such  member  shall  be  in  search  of  property  feloniously  obtained,  or 
in  search  of  suspected  offenders,  or  evidence  to  convict  any  person 
charged  with  crime,  to  examine  the  books  of  any  pawnbroker,  or 
his  business  premises,  or  the  business  premises  of  any  licensed 
vender,  or  licensed  junk-shop  keeper,  or  dealer  in  second-hand 
merchandise,  or  intelligence-office  keeper,  or  auctioneer,  or  boat 
of  any  junk-boatman.  Kny  such  member  of  the  police,  when 
thereto  authorized  in  writing,  by  the  said  Chief,  shall  be  author- 
ized to  examine  property  alleged  to  be  pawned,  pledged,  deposi- 
ted, lost  or  stolen,  in  whosesoever  possession  said  property  may 
be ;  but  no  such  property  shall  be  taken  from  the  possessor  thereof 
without  due  process  or  authority  of  law. 

Id.;  May  examine  pawnbrokers^  books. 

Sec.  317.  The  Chief  of  Police,  Deputy  Chiefs  of  Police,  Inspec- 
tors of  Police,  and  Captains  of  Police  and  persons  acting  by  their, 
or  by  either  of  their  orders,  shall  have  power  to  examine  the  books 
of  any  pawnbroker,  his  clerk  or  clerks,  if  they  deem  it  necessary, 
when  in  search  of  stolen  property,  and  any  person  having  in  his 
possession  a  pawbroker's  ticket  shall,  when  accompanied  by  a 
policeman,  or  by  an  order  from  the  Chief  of  Police  or  Deputy 
Chief  of  Police,  or  Inspector  of  Police,  or  Captain  of  Police,  be 
allowed  to  examine  the  property  purporting  to  be  pawned  by  said 
ticket ;  but  no  property  shall  be  removed  from  the  possession  of 
any  pawnbroker  without  the  process  of  law  required  by  the  exist- 
ing laws  of  this  state,  or  the  laws  and  ordinances  of  the  city  regu- 
lating pawnbrokers.  A  refusal  or  neglect  to  comply  in  any  respect 
with  the  provisions  of  this  section,  on  the  part  of  any  pawn- 
broker, his  clerk  or  clerks,  shall  be  deemed  a  misdemeanor,  and 
punishable  as  such. 

Id.;  Suppression  of  gaming  and  other  houses. 

Sec.  318.      If  any  member  of  the  police  force,  or  if  any  two 

153 


or  more  householders  shall  report  in  writing,  under  his  or  their 
signature,  to  the  Chief  of  Police  or  to  a  Deputy  Chief  of  Police, 
that  there  are  good  grounds  (  and  stating  the  same  )  for  believ- 
ing any  house,  room  or  premises  within  the  said  city  to  be  kept 
or  used  as  a  common  gambling  house,  common  gaming  room, 
or  common  gaming  premises,  for  therein  playing  for  wagers  of 
money  at  any  game  of  chance,  or  to  be  kept  or  used  for  lewd 
and  obscene  purposes  or  amusements,  or  the  deposit  or  sale  of 
lottery  tickets  or  lottery  policies,  it  shall  be  lawful  for  the  Chief 
of  Police  or  a  Deputy  Chief  of  Police,  to  authorize,  in  writing, 
any  member  or  members  of  the  police  force  to  enter  the  same, 
who  may  forthwith  arrest  all  persons  there  found  offending 
against  law,  but  nciie  others;  and  seize  all  implements  of  gam- 
ing, or  lottery  tickets,  or  lottery  policies,  and  convey  any  person 
so  arrested  before  a  magistrate,  and  bring  the  articles  so  seized 
to  the  office  of  the  property  clerk.  It  shall  be  the  duty  of  the 
said  Chief  of  Police  or  Deputy  Chief  of  Police  to  cause  such 
arrested  person  to  be  rigorously  prosecuted,  and  such  articles 
seized  to  be  destroyed,  as  the  orders,  rules,  and  regulations  of 
the  Police  Board  shall  direct. 

Rules  and  regulations  as  to  navigable  waters  within  the  City  limits. 

Sec.  319.  It  shall  be  the  duty  of  the  Board  to  provide  and 
enforce  proper  rules  and  regulations  for  the  safety  of  passengers 
on  excursion  steamers,  yachts,  and  all  craft  taking  part  in 
regattas  or  races,  whether  as  observers  or  participants,  in  the 
navigable  waters  embraced  within  the  corporate  limits  of  the 
City  and  to  preserve  the  public  peace  and  prevent  undue  inter- 
ference with,  or  interruption  of  such  regattas  and  races.  Such 
rules  and  regulations  when  so  adopted  shall  be  duly  published 
in  the  public  newspapers  and  any  wilfull  violation  of  the  same 
by  any  person  shall  subject  the  offender  to  the  penalties  of  a 
misdemeanor  and  if  the  holder  of  a  license  from  the  City  to  a 
forfeiture  thereof. 

Police  Board.      To  furnish  station  houses,  etc. ,  and  fix  bojindaries  of  pre- 
cincts.    Headquarters. 

Sec.   320.     The  PoHce  Board  shall  from  time  to  time  with 

154 


the  authority  of  the  Municipal  Assembly,  establish,  provide  and 
furnish  stations  and  station  houses,  or  sub-stations  and  sub- 
station houses,  at  least  one  to  each  precinct,  for  the  accommo- 
dation thereat  of  members  of  the  police  force,  and  as  places  of 
temporary  detention  for  persons  arrested  and  property  taken 
within  the  precinct ;  and  shall  also  provide  and  furnish  such 
business  accommodations,  apparatus  and  articles,  and  provide 
for  the  care  thereof,  as  shall  be  necessary  for  the  department 
of  police  and  the  transaction  of  the  business  of  the  depart- 
ment. The  said  Police  Board  is  hereby  authorized  and 
empowered  to  furnish  horses  and  wagons,  to  be  known  as 
patrol  wagons,  which  said  horses  and  wagons  shall  be  under  the 
custody,  control  and  care  of  said  Police  Department,  for  the 
exclusive  use  thereof.  The  Board  of  Estimate  and  Appor- 
tionment and  the  Municipal  Assembly  are  directed  to  appropri- 
ate a  suflficient  sum  of  money  in  each  and  every  year,  for  the 
purpose  of  furnishing  such  horses,  wagons  and  apparatus  con- 
nected therewith,  and  the  maintenance  thereof,  and  for  the 
other  purposes  authorized  by  this  section.  The  number  and 
boundaries  of  the  precincts  shall  be  fixed  by  the  Police 
Board.  There  shall  be  one  headquarters  or  central  station, 
established  and  located  by  said  Police  Board  in  each  Borough 
into  which  The  City  of  New  York  is  divided  by  this  Act.  A 
Deputy  Chief  of  Police  shall  be  assigned  to  duty  by  the  Police 
Board  at  Police  Headquarters  in  the  Borough  of  Brooklyn,  and, 
in  the  discretion  of  the  Police  Board,  a  Deputy  Chief  of  Police 
may  be  assigned  to  duty  at  Police  Headquarters  in  each  of  the 
other  Boroughs.  The  said  Police  Board  shall  apply  to  and  use 
for  the  purposes  mentioned  in  this  section,  the  property  and 
premises  which  shall  come  into  their  possession,  or  under  their 
control,  by  virtue  of  section  275  of  this  Act,  so  far  as  suitable 
for  the  purpose  in  their  judgment,  and  available  therefor. 

Id.;   To  provide  accommodations  for  detention  of  witnesses. 

Sec.  321.  The  Police  Board  shall,  where  not  otherwise  pro- 
vided by  law,  and  as  authorized  by  the  Municipal  Assembly, 
provide  suitable  accommodations  and  supplies  for  the  deten- 
tion of  witnesses  who  are  unable  to  furnish  security  for  their 

155 


appearance  in  criminal  proceedings,  other  than  children  actual- 
ly or  apparently  under  the  age  of  sixteen  years,  to  be  called 
the  house  for  the  detention  of  witnesses ;  and  such  accommo- 
dation shall  be  in  premises  other  than  those  employed  for  the 
confinement  of  persons  charged  with  crime,  fraud  or  disorderly 
conduct.  And  it  shall  be  the  duty  of  all  magistrates,  when  com- 
mitting witnesses  in  default  of  bail,  to  commit  them  to  such  house 
for  detention  of  witnesses.  The  Board  of  Estimate  and  Apportion- 
ment and  the  Municipal  Assembly,  shall  in  each  and  every  year 
appropriate  a  sufficient  sum  of  money  to  defray  the  ex- 
penses authorized  by  this  section.  And  said  Police  Board 
shall  apply  to  and  use  for  such  purposes  the  property  and 
premises  which  shall  come  into  their  possession  or  under  their 
control  by  section  275  of  this  Act,  so  far  as  the  same  may  be 
available,  and,  in  their  judgment,  suitable  therefor. 

Id.;   To  provide  lodgings  for  vagrants,  etc. 

Sec.  322.  It  shall  be  the  duty  of  said  Police  Board  and  it  is 
hereby  empowered  to  provide  for  the  lodging  of  vagrants  and 
indigent  persons  so  far  as  such  duty  is  not  by  law  imposed  on 
some  other  department  of  The  City  of  New  York. 

Id.;  May  maintain  and  operate  telegraph  and  telephone  lines,  and  use  same 
in  assisting  Department  of  Health. 

Sec.  323.  The  Police  Board  shall  have  power  to  erect, 
operate,  supply  and  maintain,  under  the  general  laws  of  the 
state  relating  to  telegraphs,  all  such  lines  of  telegraph  and  tele- 
phone to  and  between  such  places  in  the  city  as  for  the  purposes 
and  business  of  the  police  the  Board  shall  deem  necessary.  The 
Police  Board  may  procure  all  instruments,  fixtures,  property  and 
materials  for  the  purpose  above  mentioned,  and  control  the 
same,  but  the  cost  thereof  shall  be  chargeable  to  general 
expenses  of  police.  The  Police  Board  is  hereby  permitted 
to  use  the  said  telegraph  and  telephone  lines  to  aid  it  in  facilitating 
the  operations  of  the  Department  of  Health,  and  when  so  used, 
the  expense  thereof  shall  be  charged  to  the  saidj  Department  of 
Health. 

156 


Id.;  May  use  boats ;  establish  mounted  patrol,  sell  old  property,  etc. 

Sec.  324.  In  the  performance  of  police  service  in  any 
precinct  or  precincts,  comprising  waters  of  the  harbor,  the 
PoHce  Board  may  procure  and  use  and  employ  such  row- 
boats,  steamboats,  and  boats  propelled  by  other  power  as 
shall  be  deemed  necessary  and  proper.  In  rural  or  sparsely 
inhabited  precincts  it  may  estabhsh  a  mounted  patrol  and 
procure  and  use  and  employ  so  many  horses  and  equipments 
as  shall  be  requisite  for  the  purpose ;  and  it  shall  procure  and 
cause  to  be  used  teams  and  vehicles  to  transport  prisoners,  sup- 
plies and  property,  whenever  the  use  of  teams  and  vehicles  for 
such  purposes  shall  be  proper  and  tend  to  preserve  the  public 
peace  and  decency.  The  Police  Board  may  sell  and  dis- 
pose of,  in  accordance  with  law,  any  personal  property  owned  or 
used  in  the  department,  whenever  such  property  shall  have 
become  old  and  unfit  and  shall  not  be  required  for  service,  and  it 
shall  have  authority  to  detail  and  employ  patrolmen  in  any  duty 
or  service,  other  than  patrol  duty,  which  may  be  necessary  and 
proper  to  enable  the  department  to  exercise  the  powers  and  per- 
form the  duties  and  business  imposed  and  required  by  law. 

Applications  for  medical  attendance.      Registered  physicians. 

Sec.  325.  Upon  the  application  of  any  person  residing 
within  the  precinct,  it  shall  be  the  duty  of  the  captain  or  other 
ofificer  at  the  desk  to  register  in  a  book  kept  open  for  that 
purpose,  the  name  and  address  of  any  person  desiring  or  need- 
ing medical  attendance,  with  the  name  or  address  of  the  person 
making  such  application,  and  without  delay  to  select  and  notify 
of  such  application  one  from  the  list  of  physicians  who 
have  registered  in  said  precinct  as  thereby  pledging  them- 
selves to  respond  to  any  call  for  medical  attendance,  and  who 
have  been  certified  by  the  registrar  of  vital  statistics  of  the 
Department  of  Health  as  being  in  good  and  regular  standing. 
It  shall  be  the  duty  of  the  captain  or  other  officer  at  the  desk, 
in  the  absence  of  any  expressed  preference  by  the  applicant, 
to  select  and  notify,  from  the  list  of  physicians  thus  registered, 
the  name  of  the  physician  residing  nearest  to  the  residence  of 
the  said  patient  in  whose  behalf  application  is  made. 

157 


Compensation  of  registered  physician.      Certificate,  etc. 

Sec.  326.  It  shall  be  the  duty  of  the  captain,  sergeant,  or 
other  officer  at  the  desk,  in  such  police  precinct  as  before  speci- 
fied, upon  registry  of  any  application  as  described  in  the  pre- 
ceding section,  immediately  to  detail  an  officer  whose  duty  it 
shall  be  to  call  upon  such  physician  without  delay,  and  to  con- 
duct him  to  the  residence  of  the  patient,  also  to  verify  by 
personal  inspection  or  inquiry,  the  name  and  address  of  such 
patient  as  registered  by  his  superior  officer.  Every  officer  thus 
detailed  as  messenger  shall  be  furnished  with  a  blank  certificate, 
upon  which  the  name  and  address  of  the  physician  responding 
to  the  call,  the  name  and  address  of  the  patient  attended,  and 
the  date  and  hour  of  the  visit  shall  be  written  by  him  after  he 
has  conducted  the  physician  to  the  patient's  residence  and 
verified  the  genuineness  of  the  application.  Such  certificate 
shall  be  signed  by  him  and  given  to  the  physician,  and  shall 
specify  upon  its  face  that  the  physician  therein  named  is  entitled 
to  the  sum  of  three  dollars  from  the  public  funds,  upon  presenta- 
tion thereof  to  the  proper  officer,  and  endorsement  thereof  in 
writing  of  the  name  of  the  captain  of  the  precinct.  But  it  shall 
be  the  duty  of  the  physician  making  such  visit  to  present  such 
certificate  to  the  patient  or  his  or  her  agent  or  attendant,  and  to 
request  payment  of  the  said  sum  specified ;  and  in  case  of  such 
payment  being  made,  said  physician  shall  surrender  such  certifi- 
cate to  the  person  or  persons  making  it,  and  it  shall  cease  to  be 
a  claim  upon  the  public  treasury. 

In  default  of  the  immediate  payment  of  the  said  fee  specified 
in  the  said  certificate,  by  the  patient  or  his  or  her  agent  or  at- 
tendant, it  shall  be  the  duty  of  the  captain  of  the  police 
precinct  in  which  the  visit  was  made,  to  endorse  it  with  his 
name ;  and  thus  endorsed  it  shall  be  the  duty  of  the  cashier 
of  the  Department  of  Health  to  pay  at  sight  the  fee  afore- 
said, and  to  enter  the  payment  in  a  book  provided  for 
that  purpose,  and  take  up  the  certificate.  And  all  certifi- 
cates thus  redeemed  shall  be  valid  debts  to  the  amount 
therein  named,  against  the  patients  therein  named,  or  their 
guardians,  which  the  said  Department  may  order  collected 
by  due  process  of  law,   provided    that    no    prosecution  shall  be 

158 


instituted    in    cases    where    it    is    satisfactorily  shown   that   the 
patient  is  without  sufficient  means  for  the  payment  thereof. 

Physician  to  report  to  Department  of  Health. 

Sec.  327.  It  shall  be  the  duty  of  every  physician  thus 
called  to  the  medical  assistance  of  any  person  within  the  police 
precinct  in  which  he  is  registered,  to  transmit  to  the  registrar  of 
the  Department  of  Health,  within  twenty-four  hours  after  the 
call  shall  have  been  answered,  a  full  and  accurate  statistical 
exhibit  of  the  case,  specifying  therein  the  age  and  sex  and  the 
employment,  profession  or  business  of  the  patient,  the  nature  of 
the  disease,  the  hour  of  the  attack,  when  practicable,  the  date 
and  the  police  precinct  and  ward  in  which  the  case  occurred ; 
the  same  shall  be  signed  with  the  full  name  and  address  of  the 
physician  rendering  it,  but  the  name  and  address  of  the  patient 
shall  always  be  omitted.  And  it  shall  be  the  duty  of  the  Depart- 
ment of  Health  to  provide  all  physicians  thus  registered  for 
night  service  with  appropriate  blanks  for  the  said  purpose,  upon 
their  application  therefor. 

Nearest  physician  to  be  called.     Penalty  for  refusal  to  attend. 

Sec.  328.  Any  policeman  who  shall  be  detailed  as  messen- 
ger, according  to  the  provisions  hereinbefore  specified,  shall, 
in  the  absence  of  preference  expressed  in  the  application,  call 
the  physician  nearest  and  most  convenient  to  the  patient's 
residence,  or  in  the  absence  or  refusal  from  any  cause  of  the 
latter,  the  physician  next  nearest,  and  so  on.  And  there  shall 
be  no  delay  or  waiting  for  such  physician  to  return ;  and  any  of 
the  force  neglecting  to  comply  with  this  provision  shall  be 
subject  to  trial  and  fine,  or  dismissal  from  service,  by  the  Police 
Board,  in  the  same  manner  as  for  other  offenses  cognizable 
by  the  said  body. 

And  any  physician  thus  registering  who  shall  twice  refuse  or 
neglect,  without  reasonable  excuse,  to  answer  a  call  made 
according  to  the  provisions  of  the  three  preceding  sections,  shall 
be  subject  to  have  his  name  erased  from  the  list,  upon  proper 
evidence  thereof,  submitted  to  an  executive    officer,    who   shall 

169 


be  appointed  by  the  registrar  of  vital   statistics  of   the    Depart- 
ment of  Health,  and  shall  be  under  his  immediate  supervision. 

List  of  re^stered physicians  to  be  posted. 

Sec.  329.  The  Captains  of  the  several  police  precincts  shall 
cause  the  names  and  addresses  of  such  physicians  as  have  been 
duly  certified  by  the  registrar  of  vital  statistics  to  be  plainly  and 
legibly  written  or  printed  on  a  bulletin  provided  for  that  pur- 
pose, which  bulletin  shall  be  placed  at  a  convenient  point  near 
the  captain's  desk,  and  kept  open  to  the  inspection  of  all  per- 
sons within  the  precinct  desiring  to  see  the  same.  They  may, 
if  in  their  judgment  it  shall  be  necessary  to  the  public  conven- 
ience, cause  the  bulletins  of  physicians  herein  specified  to  be 
posted  in  the  hotels  and  district  telegraph  offices  within  their 
respective  precincts,  but  any  applicant  applying  at  such  hotels 
or  telegraph  offices,  or  desiring  the  services  of  any  messenger 
other  than  a  member  of  the  police  force  detailed  for  that  pur- 
pose, shall  employ  such  messenger  at  his  own  expense,  and  shall 
be  liable  for  any  expenses  incurred  in  communicating  with  the 
police  precinct. 

Hours  of  service  of  registered  physicians. 

Sec.  330.  The  period  during  which  the  aforesaid  physicians 
shall  be  held  subject  to  call  shall  be  between  the  hours  of  ten  in 
the  evening  and  seven  in  the  morning,  from  October  first  to 
March  thirty-first,  inclusive,  and  between  the  hours  of  eleven  in 
the  evening  and  six  in  the  morning,  from  April  first  to  Septem- 
ber thirtieth,  inclusive. 

Stolen  Property.     Property  Clerk;  Employment  of  and  duties. 

Sec.  331.  The  Police  Board  shall  employ  some  person  as 
clerk,  who  shall  be  designated  property  clerk,  to  take  charge  of 
all  property  alleged  to  be  stolen  or  embezzled,  and  which  may  be 
brought  into  the  police  office,  and  all  property  taken  from  the 
person  of  a  prisoner,  and  all  property  or  money  alleged  or  sup- 
posed to  have  been  feloniously  obtained,  or  which  shall  be  lost  or 
abandoned,  and  which  shall  be  taken  into  the  custody  of  any 
member  of  the  police  force  or  criminal  court  in  The  City  of  New 
/ork,  or  which  shall  come  into  the  custody  of  any  magistrate  or 

160 


officer,  shall  be,  by  such  member  or  magistrate,  or  by  order  of 
said  court,  given  into  the  custody  of  and  kept  by  the  said 
property  clerk.  All  such  property  and  money  shall  be  described 
and  registered  by  said  property  clerk  in  a  book  kept  for  that  pur- 
pose, which  shall  contain  the  name  of  the  owner  or  claimant  if 
ascertained,  the  place  where  found,  the  name  of  the  person  from 
whom  taken,  with  the  general  circumstances,  the  date  of  its  re- 
ceipt, the  name  of  the  officer  recovering  the  same,  a  description 
thereof,  the  names  of  all  claimants  thereto,  and  any  final  dispo- 
sition of  such  property  or  money. 

The  said  Police  Board  may  prescribe  regulations  in  regard  to 
the  duties  of  the  clerk  so  designated,  and  require  and  take  security 
for  the  faithful  performance  of  the  duties  imposed  by  this  section, 
but  all  animals  strayed,  lost  or  stolen,  which  shall  come  into  the 
possession  of  the  said  property  clerk  shall  by  him  be  transferred 
and  sent  to  the  public  pound,  in  said  city,  anything  herein 
contained  to  the  contrary  notwithstanding. 

Id.;   Return  of  property  to  person  accused. 

Sec.  332.  Whenever  property  or  money  taken  from 
any  person  arrested  shall  be  alleged  to  have  been  felon- 
iously obtained,  or  to  be  the  proceeds  of  crime,  and  brought,  with 
all  ascertained  claimants  thereof,  and  the  person  arrested,  before 
some  magistrate  for  adjudication,  and  the  magistrate  shall  be 
then  and  there  satisfied  from  evidence  that  the  person  arrested 
is  innocent  of  the  offense  alleged,  and  that  the  property  right- 
fully belongs  to  him,  then  said  magistrate  may  thereupon,  in 
writing,  order  such  property  or  money  to  be  returned,  and  the 
property  clerk,  if  he  have  it,  to  deliver  such  property  or  money 
to  the  accused  person  himself,  and  not  to  any  attorney,  agent, 
or  clerk  of  said  accused  person. 

Id.;   Claim  to  by  another  person. 

Sec.  833.  If  any  claim  to  the  ownership  of  such  property 
or  money  shall  be  made  on  oath  before  the  magistrate,  by  or  in 
behalf  of  any  other  persons  than  the  person  arrested,  and  the 
said  accused  person  shall  be  held  for  trial   or  examination,  such 

161 


property  or  money  shall  remain  in  the  custody  of  the  prop- 
erty clerk  until  the  discharge  or  conviction  of  the  person 
accused  and  until  lawfully  disposed  of. 

Uncldfimed,  lost,  stolen,  etc. ,  property,  to  be  registered  and  advertised. 

Sec.  334.  All  property  or  money  taken  on  suspicion  of 
having  been  feloniously  obtained,  or  of  being  the  proceeds  of 
crime,  and  for  which  there  is  no  other  claimant  than  the  person 
from  whom  such  property  was  taken,  and  all  lost  property  com- 
ing into  the  possession  of  any  member  of  the  said  police  force, 
and  all  property  and  money  taken  from  pawnbrokers  as  the 
proceeds  of  crime,  or  by  any  such  member  from  persons  sup- 
posed to  be  insane,  intoxicated  or  otherwise  incapable  of  taking 
care  of  themselves,  shall  be  transmitted,  as  soon  as  practicable, 
to  the  property  clerk,  to  be  registered  and  advertised  in  the 
City  Record  for  the  benefit  of  all  persons  interested,  and  for  the 
information  of  the  public,  as  to  the  amount  and  disposition  of 
the  property  so  taken  into  custody  by  the  police. 

Id.;    To  be  sold  if  unclaimed. 

Sec.  335.  If  the  property  stolen  or  embezzled  be  not 
claimed  by  the  owner,  before  the  expiration  of  six  months  from 
the  conviction  of  a  person  for  stealing  or  embezzling  it,  the 
officer  having  it  in  his  custody  must,  on  payment  of  the  neces- 
sary expenses  incurred  in  its  preservation,  deliver  the  same  to 
the  property  clerk.  The  property  so  delivered  to  said  property 
clerk,  and  all  such  other  property,  securities,  moneys,  things,  or 
choses  in  action,  that  shall  remain  in  the  custody  of  the  property 
clerk  for  the  period  of  six  months  without  any  lawful  claimant 
thereto,  after  having  been  advertised  in  the  City  Record  for  the 
period  of  ten  days,  may  be  sold  at  public  auction  in  a  suitable 
room  to  be  designated  for  such  purpose,  and  the  proceeds  of  such 
sale  shall  be  paid  into  the  police  pension  fund.  No  property 
shall  be  delivered  to  the  property  clerk  or  at  the  central  office 
of  the  Police  Department,   except  as  provided  by  law. 

Stolen  property  desired  as  evidence  in  criminal  court. 

Sec.  336.      If    any    property     or     money    placed    in    the 

162 


custody  of  the  property  clerk  shall  be  desired  as  evidence  in  any 
police  or  other  criminal  court,  such  property  shall  be  delivered 
to  any  officer  who  shall  present  an  order  to  that  effect  from  such 
court.  Such  property,  however,  shall  not  be  retained  in  said 
court,  but  shall  be  returned  to  such  property  clerk  to  be  dis- 
posed of  according  to  the  previous  provisions  of  this  chapter. 

Police  Force.     Arrests  without  warrant. 

Sec.  337.  The  several  members  of  the  police  force  shall 
have  power  and  authority  to  immediately  arrest,  without  war- 
rant, and  to  take  into  custody,  any  person  who  shall  commit, 
or  threaten,  or  attempt  to  commit,  in  the  presence  of  such  mem- 
ber, or  within  his  view,  any  breach  of  the  peace  or  offense 
directly  prohibited  by  Act  of  the  Legislature,  or  by  any  ordi- 
nance made  by  lawful  authority.  The  members  of  the  police 
force  shall  possess  in  The  City  of  New  York  and  in  every  part  of 
this  State,  all  the  common  law  and  statutory  powers  of  con- 
stables, except  for  the  service  of  civil  jprocess,  and  any  warrant 
for  search  or  arrest,  issued  by  any  Magistrate  of  this  State,  may 
be  executed,  in  any  part  thereof,  by  any  member  of  the  police 
force,  and  all  the  provisions  of  Sections  7,  8  and  9  of  Chapter  2, 
Title  2,  Part  4  of  the  Revised  Statutes,  in  relation  to  the  giving 
and  taking  of  bail,  shall  apply  to  this  chapter. 

Id.;  Returns  of  Arrests.     Accused  to  be  taken  before  Magistrate. 

Sec.  338.  In  every  case  of  arrest  by  any  member  of  the 
police  force,  the  same  shall  be  made  known  immediately  to  the 
superior  on  duty  in  the  precinct  wherein  the  arrest  was  made,  by 
the  person  making  the  same ;  and  it  shall  be  the  duty  of  the 
said  superior,  within  twenty-four  hours  after  such  notice,  to  make 
written  return  thereof,  according  to  the  rules  and  regulations  of 
the  Police  Department,  with  the  name  of  the  party  arrested,  the 
alleged  offense,  the  time  and  place  of  arrest,  and  the  place  of 
detention.  Each  member  of  the  police  force,  under  the  penalty 
of  ten  days'  fine,  or  dismissal  from  the  force,  at  the  discretion 
of  the  Police  Board  shall,  immediately  upon  an  arrest,  convey 
in  person  the  offender  before  the  nearest  sitting  magistrate, 
that  he  may  be  dealt  with    according   to  law.     If    the  arrest 

163 


is  made  during  the  hours  that  the  magistrate  does  not  regularly 
hold  court,  or  if  the  magistrate  is  not  holding  court,  such  offender 
may  be  detained  in  a  station  house,  or  precinct  thereof,  until  the 
next  regular  public  sitting  of  the  magistrate,  and  no  longer,  and 
shall  then  be  conveyed  without  delay  before  the  magistrate,  to 
be  dealt  with  according  to  law.  And  it  shall  bej^the  duty  of  the 
said  Police  Board,  from  time  to  time,  to  provide  suitable 
rules  and  regulations  to  prevent  the  undue  detention  of  persons 
arrested,  which  rules  and  regulations  shall  be  as  operative  and 
binding  as  if  herein  specially  enacted,  subject,  however,  to  the 
order  of  the  court  committing  the  person  arrested. 

Penalty  for  personating  policeman,  atidfor  willful  neglect  of  police. 

Sec.  339.  It  shall  be  a  misdemeanor,  punishable  by  im- 
prisonment in  the  penitentiary  for  not  less  than  one  year,  nor 
exceeding  two  years,  or  by  a  fine  of  not  less  than  two  hundred 
and  fifty  dollars,  for  any  member  of  the  police  force  to 
wilfully  neglect  to  make  any  arrest  for  an  offense  against  the 
law  of  the  state,  or  any  ordinance  in  force  in  The  City  of  New 
York,  or  for  any  person  not  a  member  of  the  police  force  to  falsely 
represent  himself  as  being  such  a  member,  with  a  fraudulent  de- 
sign upon  persons  or  property,  or  upon  any  day  or  time  to  have, 
use,  wear  or  display,  without  specific  authority  from  the  Police 
Department,  any  uniform,  shield,  buttons,  wreaths,  numbers  or 
other  insignia  or  emblems  in  any  wise  resembling  such  as  are 
worn  by  members  of  the  police  force;  and  the  said  Police 
Department  is  hereby  authorized  and  directed,  from  time  to 
time,  to  prescribe  the  uniform,  shields,  emblems,  insignia  and 
weapons  to  be  worn,  displayed  and  used,  and  to  regulate  the 
wearing,  display  and  use  thereof,  by  any  and  all  persons,  except- 
ing marshals  and  the  sheriff,  his  undersheriff  and  deputies 
authorized  under  the  laws  of  this  state,  to  make  arrests  for  any 
cause  in  The  City  of  New  York. 

Misdemeanor  for  persons  not  members  of  Police  Force  to  serve  criminal 
process. 

Sec.  340.     It  shall  be  a  misdemeanor  for  any  person    not 
being  a  regular  member  of  the  police  established  in  any  city  of 

164 


this  state,  or  a  member  of  the  police  force  of  The  City  of  New 
York,  or  a  constable  of  this  state,  or  a  police  constable,  or 
assistant  police  constable,  or  United  States  marshal,  or  other 
peace  officer  of  this  State,  or  a  sheriff,  or  one  of  the  usual  gen- 
eral deputies  of  any  sheriff  of  this  state,  to  serve  any  criminal 
process  within  the  said  city. 

Exetnption  from  military  and  jury  duty,  and  civil  process. 

Sec.  341.  No  person  holding  office  under  this  Department 
shall  be  liable  to  military  or  jury  duty,  and  no  officer  or  patrol- 
man while  actually  on  duty  shall  be  liable  to  arrest  on  civil  pro- 
cess, or  to  service  of  subpoena  from  civil  courts. 

Steam  boilers.     Inspection  of.     Not  to  be  operated  without  certificate. 

Sec.  342.  Every  owner,  agent  or  lessee  of  a  steam  boiler 
or  boilers  in  use  in  The  City  of  New  York  shall  annually,  and  at 
such  convenient  times  and  in  such  manner  and  in  such  form  as 
may,  by  rules  and  regulations  to  be  made  therefor  by  the 
Police  Board,  be  provided,  report  to  the  said  Department  the 
location  of  each  steam  boiler  or  boilers,  and  thereupon,  and  as 
soon  thereafter  as  practicable,  the  sanitary  company  or  such 
member  or  members  thereof  as  may  be  competent  for  the 
duty  herein  described,  and  may  be  detailed  for  such  duty  by  the 
Police  Board  shall  proceed  to  inspect  such  steam  boilers,  and  all 
apparatus  and  appliances  connected  therewith  ;  but  no  person  shall 
be  detailed  for  such  duty  except  he  be  a  practical  engineer,  and  the 
strength  and  security  of  each  boiler  shall  be  tested  by  atmos- 
pheric and  hydrostatic  pressure  and  the  strength  and  security 
of  each  boiler  or  boilers  so  tested  shall  have,  under  the 
control  of  said  sanitary  company,  such  attachments,  apparatus 
and  appliances  as  may  be  necessary  for  the  limitation  of  pres- 
sure, locked  and  secured  in  like  manner  as  may  be  from  time  to 
time  adopted  by  the  United  States  inspectors  of  steam  boilers 
or  the  Secretary  of  the  Treasury,  acording  to  act  of  Congress, 
passed  July  twenty-fifth,  eighteen  hundred  and  sixty-six;  and 
they  shall  limit  the  pressure  of  steam  to  be  applied  to  or  upon 
such  boiler,  certifying  each  inspection  and  such  limit  of  pres- 
sure to  the  owner  of  the  boiler  inspected,  and  also  to  the  engi- 

165 


neer  in  charge  of  same,  and  no  greater  amount  of  steam  or 
pressure  thanj^that  certified  in  the  case  of  any  boiler  shall  be 
applied  thereto. 

In  limiting  the  amount  of  pressure,  wherever  the  boiler 
under  test  will  bear  the  same,  the  limit  desired  by  the  owner  of 
the  boiler  shall  bej^the]  one  certified.  Every  owner,  agent  or 
lessee  of  a  steam  boiler  or  boilers  in  use  in  The  City  of  New 
York  shall,  for  the  inspection  and  testing  of  such  or  each  of 
such  boilers,  asjprovided  for  in  this  Act,  and  upon  receiving  from 
the  Police  Department  a  certificate  setting  forth  the  location  of 
the  boiler  inspected,  the  date  of  such  inspection,  the  persons  by 
whom  the  inspection  was  made,  and  the  limit  of  steam  pressure 
which  shall  be  applied  to  or  upon  such  boiler  or  each  of  such 
boilers,  pay  annually  to  the  Treasurer  of  the  Police  Department 
for  each  boiler,  for  the  use  of  the  Police  Pension  Fund,  the  sum 
of  two  dollars,  such  certificate  to  continue  in  force  for  one  year 
from  the  granting  thereof  when  it  shall  expire,  unless  sooner  re- 
voked or  suspended. 

Such  certificate  may  be  renewed  upon  the  payment  of  a  like 
sum  and  like  conditions,  to  be  applied  to  a  like  purpose.  It 
shall  not  be  lawful  for  any  person  or  persons,  corporation  or  cor- 
porations, to  have  used  or  operated  within  The  City  of  New 
York  any  steam  boiler  or  boilers  except  for  heating  purposes  and 
for  railway  locomotives,  without  having  first  had  such  boiler  or 
boilers  inspected  or  tested  and  procured  for  such  boiler  or  each 
of  such  boilers  so  used  or  operated  the  certificate  herein  pro- 
vided for. 

The  Superintendent  and  Inspectors  of  Boilers,  in  the  employ 
of  the  Police  Department,  in  the  City  of  Brooklyn,  and  the 
Boiler  Inspectors  in  Long  Island  City,  shall  continue  to  dis- 
charge the  duties  heretofore  devolved  upon  them,  subject,  how- 
ever, to  removal  for  cause,  or  when  they  are  no  longer  needed. 

Id.;  No  person  to  use,  or  act  as  engineer  for,  without  certificate. 

Sec.  343.  It  shall  not  be  lawful  for  any  person  or  persons 
to  operate  or  use  any  steam  boiler  to  generate  steam  except  for 
railway  locomotive  engines,  and  for  heating  purposes  in  private 
dwellings,  and  boilers  carrying  not  over  ten  pounds  of  steam  and 

166 


not  over  ten  horse-power,  or  to  act  as  engineer  for  such  purposes 
n  The  City  of  NeM^  York  without  having  a  certificate  of  qualifi- 
cation therefor  from  practical  engineers  detailed  as  such  by  the 
Police  Department,  such  certificate  to  be  countersigned  by  the 
officer  in  command  of  the  sanitary  company  of  the  Police  De- 
partment of  The  City  of  New  York  and  to  continue  in  force 
one  year,  unless  sooner  revoked  or  suspended.  Such  certificate 
may  be  revoked  or  suspended  at  any  time  by  the  Police  Board 
upon  the  report  of  any  two  practical  engineers,  detailed  as 
provided  in  this  section,  stating  the  grounds  upon  which  such 
certificate  should  be  revoked  or  suspended.  Where  such  certifi- 
cate shall  have  been  revoked,  as  provided  in  this  section,  a  like 
certificate  shall  not  in  any  case  be  issued  to  the  same  person 
within  six  months  from  the  date  of  the  revocation  of  the  former 
certificate  held  by  such  person. 

Id.;  Record  of  inspections  to  be  kept. 

Sec.  344.  A  correct  record  in  proper  form  shall  be  kept 
and  preserved  of  all  inspections  of  steam  boilers  made  under 
the  direction  of  the  Police  Board,  and  of  the  amount  of 
steam  or  pressure  allowed  in  each  case,  and  in  cases  where  any 
steam  boiler  or  the^apparatus  or  appliances  connected  therewith 
shall  be  deemed  bySthe  department,  after  inspection,  to  be  inse- 
cure or  dangerous,  the  department  may  prescribe  such  changes 
and  alterations  as  may  render  such  boilers,  apparatus  and  appli- 
ances secure  and  devoid  of  danger.  And  in  the  mean  time, 
and  until  such  changes  and  alterations  are  made  and  such  appli- 
ances attached,  such], boiler,  apparatus  and  appliances  may  be 
taken  under  the  control  of  the  Police  Department  and  all  per- 
sons prevented  from  using'the  same,  and  in  cases  deemed  neces- 
sary, the  appliances, '^apparatus  or  attachment  for  the  limitation 
of  pressure  may  be  taken  under  the  control  of  the  said  Police 
Department. 

Id.;    Over-pressure  forbidden.      Owner  neglecting  to  report  boiler. 

Sec.  345.  It  shall  not  be  lawful  for  any  person  or  persons  to 
apply  or  cause  to  be  applied  to  any  steam  boiler  a  higher  pres- 
sure of  steam  than  that  limited  for  the  same  in  accordance  with 

167 


the  provisions  of  this  chapter  and  any  person  violating  the  pro- 
visions of  the  last  preceding  section  shall  be  guilty  of  a  misde- 
meanor. In  case  any  owner  of  any  steam  boiler  in  the  said  city 
shall  fail  or  omit  to  have  the  same  reported  for  inspection,  as 
provided  by  law,  such  boiler  may  be  taken  under  the  control  of 
the  Police  Department  and  all  persons  prevented  from  using  the 
same  until  it  can  be  satisfactorily  tested,  as  hereinbefore  provided 
for,  and  the  owner  shall,  in  such  case,  be  charged  with  the 
expense  of  so  testing  it. 

Police  Board.    Licenses  for  public  exhibitions. 

Sec.  346.  The  Police  Board  is  authorized  to  grant  licenses 
for  public  exhibitions,  in  the  manner  and  on  the  conditions  pro- 
vided in  Title  2  of  Chapter  XXII  of  this  Act. 

Id.;  Licenses  to  emigrant  boarding-houses.     Bond. 

Sec.  347.  The  Police  Board  is  authorized  to  grant  licenses 
to  persons  keeping  houses  for  the  purpose  of  boarding  emigrant 
passengers.  But  before  granting  any  such  license,  said  board 
shall  require  from  such  person  or  persons  a  bond  satisfactory  to 
it,  with  one  or  more  sureties  in  the  penal  sum  of  five  thousand 
dollars,  conditioned  for  the  good  behavior  of  such  person  or 
persons,  and  the  proper  conduct  of  all  agents  and  runners  in  his 
or  their  employ.  The  Police  Board  may  revoke  any  license  for 
cause.  The  person  or  persons  receiving  such  license  shall  pay 
the  sum  of  ten  dollars  a  year  for  each  license. 

Id.;  Licenses  to  bookers  of  emigrant  passengers. 

Sec.  348.  The  Police  Board  is  authorized  to  grant  licenses 
to  persons  exercising  the  vocation  of  booking  emigrant  passen- 
gers, or  taking  money  for  their  inland  fare,  or  for  the  trans- 
portation of  their  baggage.  The  persons  receiving  such  licenses 
shall  pay  the  sum  of  twenty-five  dollars  a  year  for  each  license. 

Id.;  Licenses  to  runners.     Bonds. 

Sec.  349.  The  Police  Board  may  issue  licenses  authorizing 
the  person  or  persons  to  whom  the  same  are  issued,  upon  any 

168 


street,  public  highway,  dock  or  pier,  or  in  any  park  or  square,  in 
The  City  of  New  York,  or  upon  any  water  adjacent  thereto,  over 
which  said  City  has  jurisdiction,  to  solicit  patronage  for  any 
hotel,  or  inn,  or  passengers  or  patronage  for  any  steamer,  steam- 
boat, ship,  vessel  or  railroad,  or  for  any  person  or  corporation 
selling  or  offering  for  sale  passage  tickets,  or  contracting  or 
offering  to  contract  for  passage  in  any  such  steamer,  steamboat, 
ship,  vessel  or  railroad.  Such  license  shall  be  for  the  period  of 
one  year  from  the  date  thereof,  and  every  person  receiving  such 
a  license  shall  pay  the  sum  of  twenty  dollars  therefor  to  the 
Police  Board,  and  shall  also  give  to  said  Board  a  bond,  with  two 
good  and  sufficient  sureties  in  the  penalty  of  three  hundred 
dollars,  conditioned  for  his  good  behavior,  and  the  faithful 
observance  by  him  of  the  provisions  of  this  section.  It 
shall  be  lawful  for  said  Board,  upon  an  application  made 
prior  to  the  expiration  of  said  license  to  renew  and  continue  the 
same  from  year  to  year,  provided  that  the  applicant  therefor 
continues  in  all  respects  qualified,  as  herein  provided,  to  hold 
such  license,  and  the  said  applicant  shall,  upon  receiving  such 
renewal,  pay  into  the  City  Treasury  the  further  sum  of  twelve 
dollars  and  fifty  cents  per  annum  as  a  renewal  fee.  Licenses 
and  renewals  may  be  revoked  at  any  time  by  the  said  Board  for 
any  cause  satisfactory  to  it,  such  cause  to  be  stated  in  writing 
to  the  person  so  removed  at  the  time  of  the  notice  of  his 
removal.  No  person  shall  receive  any  license  under  the  pro- 
visions of  this  section  who  is  not  a  citizen  of  the  United  States 
and  a  person  of  good  general  character;  such  fact  to  be  proved 
to  the  satisfaction  of  the  Police  Board.  Said  Board  shall  render 
to  the  Comptroller  of  said  City  quarterly  accounts  of  all  moneys 
received  by  it  under  the  provisions  of  this  section,  and  the 
amount  so  received  shall  be  paid  over  by  said  Board  into  the 
City  Treasury. 

Id.;  Special  Patrolman  for  District  Telegraph  companies. 

Sec.  350.  The  Police  Board  is  hereby  authorized,  in 
addition  to  the  police  force  now  authorized  by  law,  to  appoint  a 
number  of  persons,  not  exceeding  two  hundred,  who  may  be 
designated  by  any  company  which  may  be  operating  a  system  of 

169 


signalling  by  telegraph  to  a  central  office  for  police  assistance, 
to  act  as  special  patrolmen  in  connection  with  such  telegraphic 
system.  And  the  persons  so  appointed  shall,  in  and  about  such 
service,  have  all  the  powers  possessed  by  the  members  of  the 
regular  force,  except  as  this  may  be  limited  by  the  regu- 
lations of  the  Police  Board,  and  they  shall  be  subject  to  the 
supervision  and  control  of  the  Police  Department.  No  person 
shall  be  appointed  as  such  special  patrolman  who  does  not  pos- 
sess the  qualifications  which  may  be  required  by  the  Police 
Board  for  such  special  service ;  and  the  persons  so  appointed 
shall  be  subject,  in  case  of  emergency,  to  do  duty  as  a  part  of 
the  regular  police  force.  The  Police  Board  shall  have 
power  to  revoke  any  such  appointment  or  appointments  at  any 
time,  and  every  person  so  appointed  shall  wear  a  badge  and  uni- 
form, to  be  furnished  by  such  company,  and  approved  by  the 
Police  Department.  Such  uniform  shall  be  designated  at  the 
time  of  the  first  appointment  under  this  section,  and  shall  be  the 
permanent  uniform  to  be  worn  by  said  special  police.  The  pay 
of  such  special  patrolmen  and  all  expenses  connected  with  their 
service  shall  be  wholly  paid  by  such  company  or  companies,  and 
no  expense  or  liability  shall  at  any  time  be  incurred  or  paid  by 
the  Police  Department  for,  or  by  reason  of,  the  services  of  the 
persons  so  as  aforesaid  appointed. 

Police  Pension  Fund.     Police  Board  trustees  of.     Powers  over. 

Sec.  351.  The  Police  Board  shall  be  the  Trustees  of  the  Police 
Petision  Fund  hereinafter  mentioned.  The  Treasurer  of  said 
Board  shall  be  treasurer  of  the  pension  fund.  He  shall,  before 
entering  upon  his  duties  as  treasurer  thereof,  execute  and  deliver 
to  said  Board,  a  bond  in  the  penal  sum  of  one  hundred  thousand 
dollars,  to  be  approved  by  the  Comptroller  of  the  City  of  New 
York,  and  conditioned  for  the  faithful  discharge  of  his  duties,  and 
that  he  shall  pay  over  and  account  for  all  moneys  and  property 
which  shall  come  to  his  hands  as  such  treasurer.  Such  trustees 
shall  have  charge  of  and  administer  said  funds,  and  from  time  to 
time  invest  the  same,  or  any  part  thereof,  as  they  shall  deem  most 
beneficial  to  said  fund,  and  they  are  empowered  to  make  all  neces- 
sary contracts  and  take  all  necessary  and  proper  actions  and  pro- 

170 


ceedings  in  the  premises,  and  to  make  payments  from  such  fund  of 
pensions  granted  in  pursuance  of  this  Act,  and  also  pensions  now 
charged  on  said  fund  or  any  part  thereof  by  or  under  existing 
laws,  and  said  trustees  shall  be  the  legal  successors  of  the  trustee 
or  trustees  of  the  police  life  insurance  fund,  and  of  any  police 
pension  fund  heretofore  existing  within  The  City  of  New  York 
as  constituted  by  this  Act,  including  the  pension  fund  of  the 
Park  Police  of  the  Mayor,  Aldermen  and  Commonalty  of  The 
City  of  New  York,  and  the  pension  fund  of  the  Park  Police  of 
the  City  of  Brooklyn. 

The  said  trustees  may,  and  they  are  authorized  and  empowered, 
from  time  to  time  to  establish  such  rules  and  regulations  for  the 
disposition,  investment,  preservation  and  administration  of  the 
police  pension  fund  as  they  may  deem  best.  They  shall  report  in 
detail  to  the  Municipal  Assembly  of  the  City  of  New  York, 
annually,  in  the  month  of  January,  the  condition  of  the  police 
pension  fund  and  the  items  of  receipts  and  disbursements  on 
account  of  the  same.  No  payments  whatever  shall  be  allowed 
or  made  by  said  trustees  from  said  fund  as  reward,  gratuity  or 
compensation  to  any  person  for  salary  or  services  rendered,  to 
or  for  said  trustees,  except  payment  of  legal  expenses. 

Id. ;  Funds  to  be  paid  trustees.     Exemption   from  execution  and  process. 
False  swearing  in  pension  claims. 

Sec.  352.  The  said  police  pension  funds  existing  in  said  City 
of  New  York  as  constituted  by  this  Act,  or  in  any  part  thereof 
when  this  Act  takes  effect,  and  all  moneys,  bonds,  investments, 
securities,  revenues  and  incomes  thereof,  or  belonging  thereto, 
in  whose  hands  soever  or  wherever  the  same  may  be,  shall  be 
paid  over  and  delivered  on  demand  to  the  said  trustees  of  the 
Pension  Fund  as  constituted  by  this  Act.  The  moneys,  secur- 
ities and  effects  of  the  police  pension  fund,  and  all  pensions 
granted  and  payable  from  said  fund  shall  be  and  are  exempt 
from  execution  and  from  all  process  and  proceedings  to  enjoin 
and  recover  the  same  by  or  on  behalf  of  any  creditor  or  person 
having  or  asserting  any  claims  against,  or  debt  or  liability  of, 
any  pensioner  of  said  fund.  Every  person  who  knowingly  or 
wilfully  in  any  wise  procures  the  making  or  presentation  of  any 

171 


false  or  fraudulent  affidavit  or  affirmation  concerning  any  claim 
for  pension  or  payment  thereof  shall  in  every  such  case  forfeit 
a  sum  not  exceeding  two  hundred  and  fifty  dollars,  to  be  sued 
for  and  recovered  by  and  in  the  name  of  the  said  Trustees, 
and,  when  recovered,  to  be  paid  over  to  and  thereupon 
become  a  part  of  the  said  police  pension  fund.  Any  person 
who  shall  wilfully  swear  falsely  in  any  oath  or  affirmation  in 
obtaining  or  procuring  any  pension  or  payment  thereof,  under 
the  provisions  of  this  chapter,  shall  be  guilty  of  perjury. 

Td. :  Of  what  it  consists. 

Sec.  353.    The  said  police  pension  fund  shall  consist  of: 

1.  The  capital,  interest,  income,  dividends,  cash, 
deposits,  securities  and  credits  formerly  belonging  to  the 
police  life  insurance  fund,  and  any  police  pension  fund, 
existing  as  aforesaid  with  the  addition  thereto,  from 
time  to  time,  of 

2.  All  forfeitures  imposed  by  the  Police  Depart- 
ment from  time  to  time,  upon  or  against  any  member 
or  members  of  the  police  force ;   and  of 

3.  All  rewards,  fees,  gifts,  testimonials  and  emolu- 
ments that  may  be  presented,  paid  or  given  to  any  mem- 
ber of  the  police  force  on  account  of  police  services, 
except  such  as  have  been  or  shall  be  allowed  by  the 
Police  Department  to  be  retained  by  the  said  members, 
and  also  all  gifts  or  bequests  which  may  be  made  to  the 
said  pension  fund,  or  to  the  said  Police  Board  as 
trustees  thereof. 

4.  All  lost,  abandoned,  unclaimed,  or  stolen  money 
remaining  in  the  possession  of  the  property  clerk  of  the 
police  department  for  the  space  of  one  year,  and  for 
which  there  shall  be  no  lawful  claimant,  and  all  moneys 
arising  from  the  sale  by  said  property  clerk  of  unclaimed, 
abandoned,  lost  or  stolen  property,  and  all  moneys 
realized,  derived  or  received  from  the  sale  of  any  con- 
demned,   unfit  or  unserviceable  property  belonging  to  or 

172 


in  the  possession    or   under   the    control   of  the   Police 
Department ;   and  of 

5.  All  moneys,  pay,  compensation  or  salary,  or  any 
part  thereof,  forfeited,  deducted  or  withheld  from  any 
member  or  members  of  the  police  force  on  account  of 
absence  for  any  cause,  lost  time,  sickness  or  other  disabil- 
ity, physical  or  mental,  to  be  paid  monthly  by  the  Trea- 
surer of  the  Police  Board  to  the  Police  Pension  Fund. 

6.  All  moneys  derived  or  received  from  any  licenses 
or  certificates  granted  or  given  under  section  340  of 
this  Act. 

7.  Any  sum  out  of  or  share  of  excise  moneys  de- 
rived from  the  granting  of  licenses  or  permission  to  sell 
strong  or  spirituous  liquors,  ale,  wine  or  beer,  or  out  of 
or  of  any  moneys  paid  for  taxes  upon  the  business  of 
trafificking  in  or  selling  or  dealing  in  strong  or  spirituous 
liquors,  ale,  wine  or  beer,  which  by  law  was,  at  the  time 
of  the  taking  effect  of  this  Act,  applicable  to  or  appro- 
priated to  any  police  pension  fund  then  existing  within 
the  limits  of  the  said  City  of  New  York,  and  such  sum  or 
share  shall  be  paid  in  equal  quarterly  instalments  by  the 
Comptroller  of  the  City  of  New  York,  or  other  person  or 
officer  having  the  legal  custody  thereof,  to  the  Treasurer 
of  the  Police  Pension  Fund  without  any  action  or  au- 
thority of  or  from  any  other  official  body  or  officer. 

8.  All  moneys  received  or  derived  from  the  grant- 
ing or  issuing  of  permits  to  carry  pistols  in  said  city,  and  no 
permit  shall  be  granted  or  issued  to  any  person  except 
upon  the  payment  of  two  dollars  and  fifty  cents  in 
advance  to  the  Chief  of  Police,  nor  shall  any  such  per- 
mit continue  in  force  for  more  than  one  year,  when 
another  may  be  issued  from  year  to  year,  upon  the 
payment  of  a  like  sum.  The  Chief  of  Police  is  author- 
ized to  grant  and  issue  permits  for  such  purpose  in 
proper  cases,  upon  the  payment  of  the  ^  sum  aforesaid, 
and  all  such  moneys  shall  be  paid  over  to  the  treas- 
urer of  the  police  pension  fund. 

173 


9.  All  moneys  derived  or  received  from  the  granting 
or  issuing  the  permits,  or  the  giving  of  permission  to 
give  masked  balls,  entertainments  or  parties,  or  either  of 
them,  in  The  City  of  New  York,  No  masquerade  or 
fancy-dress  ball,  or  other  entertainment,  shall  be  held, 
given  or  permitted  in  The  City  of  New  York,  except  upon 
condition  that  a  license  fee  therefor  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  shall  first  be 
paid  to  the  Police  Department  who  are  authorized  to 
demand  and  receive  the  same  for  the  benefit  of  the  police 
pension  fund. 

10.  A  sum  of  money  equal  to  but  not  greater 
than  two  per  centum  of  the  monthly  pay,  salary  or 
compensation  of  each  member  of  the  police  force,  which 
sum  shall  be  deducted  monthly  by  the  Treasurer  of  the 
Police  Board  from  the  pay,  salary,  or  compensation  of 
each  and  every  member  of  the  police  force  and  the  said 
Treasurer  of  said  Board  is  hereby  authorized,  empow- 
ered and  directed  to  deduct  the  said  sum  of  money  as 
aforesaid  and  forthwith  to  pay  the  same  to  the  treasurer 
of  the  trustees  of  the  police  pension  fund. 

11.  Any  and  all  other  moneys  and  funds  which,  but 
for  the  passage  of  this  Act,  would  have  been  part  of  or 
applicable  to  any  police  pension  fund  at  the  time  this  Act 
takes  effect  or  thereafter  within  the  limits  of  The  City  of 
New  York  as  constituted  by  this  Act. 

12.  And  any  and  all  unexpended  balances  of  appro- 
priation or  amounts  estimated,  levied,  raised  or  ap- 
propriated for  the  payment  of  salaries  or  compensation 
of  members  of  the  police  force  within  said  City  of  New 
York  remaining  unexpended  or  unapplied  after  allowing 
all  claims  payable  therefrom.  And  the  Police  Board 
may,  and  it  is  hereby  authorized  to  pay  over  to  the 
police  pension  fund  such  unexpended  balances  or  any 
part  thereof,  at  any  time  after  the  expiration  of  the  year 
for  which  the  same  were  made  and   appropriated,  and 

174 


after   allowing    sufficient  to   satisfy  all    claims    payable 
therefrom  as  aforesaid. 

13.  In  case  the  amount  derived  from  the  different 
sources  mentioned  and  included  in  this  section  shall  not 
be  sufficient  at  any  time  to  enable  the  police  department 
to  pay  in  full  the  pensions  which  have  been  or  which  may 
hereafter  be  granted,  it  shall  be  the  duty  of  the  Police 
Department  each  year  at  the  time  of  making  up  the  de- 
partmental estimate,  to  prepare  a  full  and  detailed  state- 
ment of  the  assets  of  said  police  pension  fund  and  the 
amount  which  is  required  to  pay  in  full  all  such  pensions 
and  to  present  the  same  to  the  Board  of  Estimate  and 
Apportionment  together  with  a  statement  of  the  amount 
of  money  required  to  enable  the  said  board  to  pay  the 
said  pensions  in  full.  It  shall  be  the  duty  of  said  Board 
of  Estimate  and  Apportionment  and  the  Municipal  As- 
sembly to  make  an  appropriation  sufficient  to  provide  for 
such  deficiency  and  the  amount  so  appropriated  shall  be 
included  in  the  tax  levy,  and  the  Comptroller  shall  pay 
over  the  money  to  the  Treasurer  of  the  Police  pension 
fund. 

14.  And  the  said  Police  Board,  as  Trustees  of  the 
Police  Pension  Fund,  is  hereby  authorized  and  empow- 
ered to  take  and  hold,  as  trustees  of  such  fund,  any  and 
all  gifts  or  bequests  which  may  be  made  to  such  fund. 

Id.;  Pensions  classified. 

Sec.  354.  The  Police  Board  shall  have  power,  in  its 
discretion,  to  retire  and  dismiss  from  membership  in  the  said 
police  force,  and  thereupon  to  grant  pensions  to,  as  hereinafter 
provided,  any  member  of  the  police  force  of  said  city  who  shall 
have  become  disabled,  physically  or  mentally,  or  superannuated 
by  age  so  as  to  be  unfit  for  police  duty,  and  to  widows  and  or- 
phans of  such  members  to  be  paid  from  the  police  pension  fund 
to  the  trustees  thereof,  as  follows : 

1.  To  the  widow  of  any  member  of  any  police  force 
within  the  limits  of  said  city,  who  shall  have  been  killed 

176 


while  in  the  actual  performance  of  duty,  or  shall  have 
died  from  the  effects  of  any  injury  received  whilst  in  the 
actual  discharge  of  such  duty,  or  who  has  died,  or  who 
shall  hereafter  die  after  ten  years  of  service  in  any  police 
force  within  the  limits  of  The  City  of  New  York,  or  who 
shall  have  been  retired  upon  a  pension,  if  there  be  no  child 
or  children  under  eighteen  years  of  age  of  any  such  mem- 
ber, the  sum  of  not  exceeding  three  hundred  dollars  per 
annum  ;  but  if  there  be  any  such  child  or  children  of  such 
member  under  the  age  aforesaid,  then  the  said  sum  may 
be  divided  between  such  widow,  child  or  children  in  such 
proportions  and  in  such  manner  as  the  said  trustee  may 
direct ;  provided,  however,  that  the  foregoing  provision 
shall  not  be  applicable  to  the  widow,  child  or  children  of 
any  member  of  any  police  force  within  the  limits  of  said 
City  who  shall  have  been  killed  or  died  prior  to  the  taking 
effect  of  this  Act,  unless  such  widow,  child  or  children 
would  have  been  entitled  to  a  pension  under  the  laws  in 
force  at  that  time ;  and  provided  further  that  in  no  event 
shall  such  widow,  child  or  children  receive  a  greater  pen- 
sion than  she,  it  or  they  would  have  been  entitled  to 
under  the  laws  in  force  immediately  prior  to  the  taking 
effect  of  this  Act. 

2.  Subject  to  the  like  limitations,  to  any  child  or 
children  under  eighteen  years  of  age  of  such  member 
killed  or  dying  as  aforesaid,  or  pensioner  as  aforesaid, 
but  leaving  no  widow,  or,  if  a  widow,  then  after  her  death 
to  such  child  or  children  being  yet  under  eighteen  years  of 
age,  a  sum  not  exceeding  three  hundred  dollars  per  annum. 

3.  Subject  to  the  likel  imitations,  to  any  such  mem- 
ber of  any  such  police  force  who,  whilst  in  the  actual  per- 
formance of  duty  and  by  reason  of  the  performance  of 
such  duty,  and  without  fault  or  misconduct  on  his  part, 
shall  have  become  permanently  disabled,  physically  or 
mentally  so  as  to  be  unfitted  to  perform  full  police  duty, 
a  sum  not  to  exceed  one-half  nor  less  than  one-fourth  of 
his  rate  of  compensation  per  annum. 

176 


4.  To  any  such  member  of  the  said  police  force  who 
shall,  after  ten  years,and  less  than  twenty-five  years'  mem- 
bership in  any  such  police  force,  become  superannuated 
by  age,  permanently  insane  or  mentally  incapacitated, 
or  disabled  physically  or  mentally  so  as  to  be  unfitted  or 
unable  to  perform  full  police  duty  by  reason  of  such 
disability  or  disease  contracted  without  misconduct  on 
his  part,  a  sum  not  to  exceed  one-half  nor  less  than 
one-fourth  of  his  rate  of  compensation  per  annum. 

Id.;  When  meinbers  of  force  entitled  to  pension.  Amount 
and  duration. 
Sec.  355.  Any  member  of  the  police  force  being  of  the  age  of 
fifty-five  years  who  has  or  shall  have  performed  duty  on  any  such 
police  force  as  aforesaid  for  a  period  of  twenty  years  or  upwards, 
upon  his  own  application  in  writing  may,  or  upon  a  certificate 
of  so  many  of  the  police  surgeons  as  the  Police  Board  may 
require  showing  that  a  member  of  whatever  age  who  has 
served  twenty  years  is  permanently  disabled,  physically  or 
mentally,  so  as  to  be  unfit  for  duty,  shall,  by  order  of  the 
Police  Board,  be  relieved  and  dismissed  from  said  force  and  ser- 
vice and  placed  on  the  roll  of  the  police  pension  fund,  and 
awarded  and  granted  to  be  paid  from  said  pension  fund  an  annual 
pension  during  his  lifetime  of  a  sum  not  less  than  one-half  of 
the  full  salary  or  compensation  of  such  member  so  retired  ;  and 
any  member  of  the  police  force  who  has,  or  shall  have  performed 
duty  on  any  such  force  aforesaid,  for  a  period  of  twenty-five 
years  or  upwards,  being  of  the  age  of  fifty-five  years,  or  any 
member  of  any  such  police  force  who  is  an  honorably  discharged 
soldier  or  sailor  from  the  army  and  navy  of  the  United  States  in 
the  late  civil  war,  who  shall  have  reached  the  age  of  sixty  years,  or 
any  such  soldier  or  sailor  who  has  performed  duty  on  any  such  force 
for  a  period  of  twenty  years,  upon  his  own  application  in  writing, 
provided  there  are  no  charges  against  him  pending,  must  be  re- 
lieved and  dismissed  from  said  force  and  service  by  the  Depart- 
ment and  placed  on  the  roll  of  the  police  pension  fund  and 
awarded  and  granted,  to  be  paid  from  said  pension  fund,  an  an- 
nual pension  during  his  lifetime  of  the  sum  of  not  less  than  one- 

177 


half  of  the  full  salary  or  compensation  of  such  member  so  retired ; 
and  the  said  Department  may  in  like  manner  relieve  and  dismiss 
from  the  service  and  place  on  the  roll  of  the  police  pension  fund, 
and  grant  and  award  a  pension  to  any  member  of  said  force  other 
than  an  honorably  discharged  soldier  or  sailor  of  the  Mexican  or 
late  civil  war  who  shall  have  reached  the  age  of  sixty  years.  The 
said  Police  Department  shall  award  and  grant  pensions  to  the 
chief  of  police  of  three  thousand  dollars ;  to  each  deputy  chief  of 
police,  twenty-five  hundred  dollars ;  to  each  inspector,  seventeen 
hundred  and  fifty  dollars ;  to  each  captain  of  the  police,  thirteen 
hundred  and  seventy-five  dollars,  and  to  each  sergeant  and  de- 
tective sergeant  of  police  hereafter  relieved  and  dismissed  from 
said  force  and  service  and  placed  on  the  roll  of  the  pension  fund, 
as  hereinbefore  provided,  the  sum  of  one  thousand  dollars  per 
annum  hereafter. 

Pensions  granted  under  this  section  shall  be  for  the  natural 
life  of  the  pensioner,  and  shall  not  be  revoked,  repealed  or  dimin- 
ished. In  case  any  member  shall  have  voluntarily  left  any  such 
police  force,  and  entered  into  the  United  States  service,  and 
served  in  the  war  of  the  rebellion,  in  the  army  or  navy,  and  re- 
ceived an  honorable  discharge,  and  afterwards  shall  have  been 
reinstated  or  reappointed  in  the  police  force,  the  time  of  his  ser- 
vice in  the  army  or  navy  shall  be  considered  as  continuous  ser- 
vice in  the  police  force. 

Pensions  may,  in  the  discretion  of  the  said  Police  Department 
be  continued  and  paid  to  the  widows  and  children,  or,  if  no 
widow,  to  the  child  or  children  while  under  the  age  of  eighteen 
years  of  any  member  of  the  police  force  to  whom  pensions  shall 
have  been  granted,  provided,  however,  that  such  pension  to  such 
widows  or  children,  as  the  case  may  be,  shall,  in  no  instance, 
exceed  six  hundred  dollars  per  annum,  and  the  same  may,  in  the 
discretion  of  the  said  Board,  be,  from  time  to  time,  and  at  any 
time  diminished,  modified  or  revoked ;  provided  however,  that 
no  member  of  either  of  the  police  forces  by  this  Act  con- 
solidated, having  a  right  to  retire  upon  a  pension  at  the  time 
this  Act  takes  effect,  shall  be  deprived  of  such  right  by  reason  of 
his  remaining  upon  the  police  force,  or  of  anything  in  this  Act 
contained. 

178 


In  determining  the  terms  of  service  of  any  member  of  the 
police  force,  service  in  the  municipal  and  metropolitan  force,  and 
subsequently  in  the  police  force  of  the  City  of  New  York,  as 
heretofore  constituted,  or  in  any  police  force  within  the  limits 
of  The  City  of  New  York  as  hereby  constituted,  and  thereafter 
in  the  police  force  created  by  this  Act,  shall  be  counted 
and  held  to  be  service  in  the  police  force  of  The  City  of  New 
York  for  all  the  purposes  of  this  chapter. 

Id.;    When  certain  pensions  terminate.     Equalizing  existing  pensions. 

Sec.  356.  Pensions  to  widows  shall  terminate  when  the 
widow  shall  re-marry,  and  pensions  to  children  shall  terminate 
whenever  the  children  shall  respectively  marry  or  arrive  at  the  age 
of  eighteen  years.  The  Police  Board  may,  in  its  discre- 
tion, order  any  pension  granted,  or  any  part  thereof,  to  cease,  or 
be  diminished,  except  those  pensions  as  to  which  it  is  otherwise 
provided  in  this  Act,  and  as  therein  provided ;  but  in  all  such 
cases  the  said  Police  Board  shall  file  with  the  trustees  of  the 
police  pension  fund  a  written  statement  of  the  causes  which 
determined  the  Police  Board  in  ordering  any-  pension  so  to 
cease  or  be  diminished ;  and  nothing  herein,  or  in  any  other 
act  contained,  shall  render  the  granting  of  any  pension  obliga- 
tory on  the  Police  Board  or  chargeable  as  a  matter  of  right  upon 
said  police  pension  fund,  except  as  herein  provided.  All  exist- 
ing pensions  lawfully  granted,  payable  out  of  the  police  life 
insurance  fund,  or  any  police  pension  fund  of  which  the  Police 
Board  are  made  Trustees  by  this  chapter,  and  not  lawfully 
revoked,  are  continued  and  shall  be  paid  out  of  the  police  pen- 
sion fund  in  pursuance  of  the  limitations  and  provisions  of  this 
Chapter. 

Id.;   Certificate  of  disability.     Department  may  make  rules. 

Sec.  357.  No  member  of  the  police  force  shall  be  granted, 
awarded,  or  paid  a  pension  on  account  of  physical  or  mental 
disability  or  disease,  unless  a  certificate  of  so  many  of  the  police 
surgeons  as  the  Police  Board  may  require,  which  shall  set  forth 
the  cause,  nature  and  extent  of  the  disability,  disease  or  injury 
of  such  member,   shall  be  filed   in  the   Department.      And  no 

179 


member  shall  be  retired  upon  pension  or  be  pensioned,  nor  shall 
any  pension  be  awarded,  granted  or  paid  except  as  provided  in 
this  Chapter,  any  other  law  to  the  contrary  notwithstanding. 
The  said  Police  Department  is  authorized  and  empowered  to 
make  and  adopt  all  such  rules,  orders  and  regulations  as  are  or 
may  be  necessary  to  carry  out  and  enforce  the  provisions  of  this 
Act  as  to  pensions. 

£  lections ;   Powers   transferred   to    Police   Board.     Board  and    offices 
abolished. 

Sec.  358.  All  the  rights,  powers,  authority,  duties  and 
obligations  immediately  heretofore  by  law  vested  in  or  imposed 
upon  the  Board  of  Elections  of  the  City  of  Brooklyn,  or  upon  the 
Commissioners  or  either  of  them  comprising  such  Board,  or  upon 
the  Police  Commissioners  of  the  Mayor,  Aldermen  and  Common- 
alty of  the  City  of  New  York,  with  respect  to  elections,  shall 
forthwith  by  force  of  and  as  an  effect  of  this  Chapter  be  trans- 
ferred to  and  continue  in  and  upon  the  Police  Board  created  by 
this  Act,  except  in  so  far  as  the  same  shall  be  contrary  to  or  in- 
consistent with  the  provisions  of  the  election  law  and  of  this 
Chapter.  The  Board  of  Elections  of  the  City  of  Brooklyn  and 
the  tenure  or  term  of  office  of  the  Commissioners  comprising 
such  Board  and  each  of  them  are  hereby  abolished. 

General  Bureau  of  Elections.      Control  of.     Branches. 

Sec.  359.  There  shall  be  in  the  Police  Department  created  by 
this  Chapter  a  Bureau  to  be  known  and  designated  as  the  General 
Bureau  of  Elections  of  The  City  of  New  York,  which  shall  be 
located  at  Police  Headquarters  in  the  Borough  of  Manhattan. 
Branches  of  said  General  Bureau  shall  be  established  as  follows : 
one  in  the  Borough  of  The  Bronx;  one  in  the  Borough  of 
Brooklyn ;  one  in  the  Borough  of  Richmond ;  and  one  in  the 
Borough  of  Queens.  Said  Police  Board  shall  have  cognizance 
and  control  of  said  General  Bureau  of  Elections,  and  of  the 
branches  thereof,  and  of  the  officers,  employees,  affairs  and 
administration  of  said  General  Bureau  and  its  branches. 

Id.;  Management.     Superintendent. 

Sec.  360.     The  affairs  of  said  General  Bureau  of  Elections 

180 


and  of  said  branches  thereof  under  and  subject  to  such  rules, 
regulations  and  orders  as  may,  from  time  to  time,  be  made 
by  said  Police  Board,  not  inconsistent  with  the  provisions  of  the 
election  law  or  of  this  Chapter,  shall  be  managed,  conducted 
and  carried  on  by  a  person  chosen  and  appointed  by  said  Police 
Board  who  shall  be  known  as  the  Superintendent  of  Elections  of 
The  City  of  New  York ;  and  such  other  officers,  clerks,  assistants 
and  employees  as  may  be  selected  or  appointed  as  hereinafter 
provided. 

Id.;  Appointment    of    Chiefs   of  Branches  and   assistants.     Salaries   of 
assistants.     Detailing  members  of  Police  Force. 

Sec.  361.  Said  Police  Board  shall  also  provide  and 
appoint  for  each  of  the  said  branch  bureaus  a  chief  of  such 
branch  bureau  and  such  clerks,  or  other  assistants,  and  furnish 
such  accommodations  and  supplies  for  the  conduct  and  admin- 
istration of  said  General  Bureau  and  its  branches,  and  their  du- 
ties and  affairs  as  may  be  reasonably  necessary,  and  shall  fix 
the  grade,  rank,  duties  and  salaries  of  such  clerks  and  other 
assistants.  Said  Police  Board  shall  pay  said  salaries  in  equal 
monthly  instalments.  Said  Police  Board  shall  detail  to  said 
General  Bureau  and  its  branches  such  patrolmen  and  other  mem- 
bers of  the  Police  force  as  may  be  necessary  from  time  to  time 
for  the  faithful  performance  by  said  General  Bureau  and  its 
branches  of  their  functions  and  duties. 

Id.;  Officers  terms  and  salaries.     Removals. 

Sec.  362.  The  said  Superintendent  of  Elections  shall  hold 
his  office  for  five  years,  and  shall  receive  a  salary  of  six  thousand 
dollars  a  year.  The  chiefs  of  the  branch  bureaus  of  elections 
of  the  Boroughs  of  Kings,  Richmond,  The  Bronx  and  Queens 
shall  receive  such  salaries  respectively  as  shall  be  fixed  by  the  Po- 
lice Board, not  to  exceed  the  sum  of  four  thousand  dollars  a  year 
for  the  Chief  of  the  Branch  Bureau  of  Elections  in  the  Borough  of 
Brooklyn,  fifteen  hundred  dollars  a  year  in  the  Borough  of  The 
Bronx,  and  fifteen  hundred  dollars  a  year  in  each  of  the 
Boroughs  of  Richmond  and  Queens.    Such  salaries  shall  be  paid 

181 


by  the  Police  Board  in  equal  monthly  instalments.  Said  Super- 
intendent of  elections  and  chiefs  of  branch  bureaus  shall  each  be 
removable  at  any  time  by  the  Police  Board  for  cause. 

Id.;  Employees  continued  in  service. 

Sec.  363.  Until  said  Police  Board  shall  otherwise  provide, 
the  clerks,  assistant  clerks,  and  other  employees  attached  to  or 
in  the  service  of  the  Board  of  Elections  of  the  City  of  Brook- 
lyn when  this  chapter  takes  effect  shall  continue  in  the  service 
and  employment  of  the  said  General  Bureau  of  Elections  or 
said  branches  thereof,  and  they  shall  have  the  same  salaries  and 
perform  the  same  duties  as  heretofore.  But  said  Police  Board 
shall  have  the  power  to  fix  the  salaries,  duties,  and  rank  of  such 
clerks,  assistant  clerks,  and  other  employees. 

Idii  Appropriation  for  expenses  of. 

"  Sec.  364.  The  Board  of  Estimate  and  Apportionment 
and  the  Municipal  Assembly  shall  annually  include  in  its 
final  estimate  and  in  its  appropriations  for  the  Police 
Department  each  year,  such  sums  as  may  be  necessary 
to  pay  the  expenses  of  said  General  Bureau  of  Elections  and 
branches  thereof,  including  salaries  and  compensations  of  the 
said  superintendent  of  elections,  and  the  chiefs  of  the  branch 
bureaus  thereof,  and  of  all  other  clerks  and  assistants  therein. 
The  sums  so  included  in  the  said  estimate  shall  also  be  included 
in  the  yearly  tax  levy  upon  the  estates,  real  and  personal,  in  the 
said  city  of  New  York. 

Id.;  Superintendent  the  chief  executive  officer.     Annual  report. 

Sec.  365.  The  superintendent  of  elections  shall  be  the  chief 
executive  ofificer  of  the  General  Bureau  of  Elections  and  be  charge- 
able with  and  responsible  for  the  execution  of  the  provisions  of 
the  election  law  and  the  rules  and  regulations  of  the  Police  Board 
relating  to  said  General  Bureau  or  any  of  its  branches.  He  shall 
render  to  the  Police  Board  in  each  year  a  statement  of  the  opera- 
tions and  expenses  of  the  General  Bureau  of  Elections  and  the 
branches  thereof,   together  with  an    estimate    of   the    expenses 

\  182 


thereof  for  the  ensuing  year,  and  such  recommendations  in  ref- 
erence to  the  election  law  and  the  rules  and  regulations  of  the 
Police  Board  relating  to  the  election  bureau  and  as  to  elections 
as  to  him  may  seem  advisable. 

Id.;  Chiefs  of  branches.     Duties.     Location  of  offices. 

Sec.  366.  The  chief  of  a  branch  bureau  of  elections  shall  per- 
form such  duties  as  now  are  or  which  may  hereafter  be  prescribed 
by  the  election  law,  and  the  rules  and  regulations  of  the  Police 
Board.  He  shall  be  subject  to  the  orders  and  directions  of  the 
superintendent  of  elections  under  the  rules  and  regulations  of 
the  said  board,  and  his  ofifice  shall  be  located  at  the  Police  Head- 
quarters in  the  Borough  in  which  he  is  appointed  to  serve. 

Id.;  Election  expenses  a  charge  against  the  city. 

Sec.  367.  The  legal  compensation  of  all  inspectors  of  elec- 
tion, poll  clerks  and  ballot  clerks,  the  expenses  of  registration  and 
revision  of  registration  required  by  law,  and  of  the  compilation 
and  publication  of  the  registry  of  electors,  of  all  necessary  notices^ 
posters,  maps,  advertisements,  registers,  books,  blanks  and  station- 
ary, rent  and  cost  of  fitting  up,  warming,  lighting,  cleaning  and 
safe  keeping  of  all  places  of  registration,  revision  of  registration 
and  polling  places,  and  of  all  supplies  of  every  kind  and  nature 
for  and  all  other  necessary  expenses  of  all  elections  in  The  City 
of  New  York  as  constituted  by  this  Act,  or  any  territory 
included  therein  shall  be  a  charge  against  The  City  of 
New  York,  and  shall,  upon  proper  certificates  and  vouchers, 
be  paid  in  the  same  manner  as  by  law  is  provided  for 
the  payment  of  the  other  expenses  of  and  charges  against  the 
said  city.  And  the  sums  necessary  for  the  purposes  and  pay- 
ment specified  in  this  section  shall,  by  the  Board  of  Estimate 
and  Apportionment  and  the  Municipal  Assembly,  fee  included 
in  the  annual  budget  each  year,  and  such  sums  shall  also  be 
included  in  the  yearly  tax  levy  upon  the  estates,  real  and  per- 
sonal, in  The  City  of  New  York. 

Id.;  Existing  records  and  property  transferred  to,  custody  of. 

Sec.  368.  All  books  documents,  papers,  records,  and  elec- 
tion appliances  or  appurtenances  held  or  used  by  or  under  the 

183  I 


control  of  the  Board  of  Elections  of  the  City  of  Brooklyn,  or  the 
Board  of  Police  Commissioners  of  The  City  of  New  York,  or  the 
Bureau  of  Elections  in  said  city,  or  other  officers  having  cogni- 
zance of  the  conduct  of  elections  in  The  City  of  New  York  as 
constituted  by  this  Act  shall  be  transferred  to  the  care,  custody 
and  control  of  the  General  Bureau  of  Elections  created  by  this 
chapter,  but  shall  be  in  such  care,  custody  and  control,  subject  to 
the  orders  of  the  Police  Board. 

Id.;  Superintendent  to  destroy  registers  of  electors,  etc. 

Sec.  369.  The  Superintendent  of  the  General  Bureau  of 
Elections  under  the  direction  of  the  Police  Board  in  The  City 
of  New  York  is  hereby  authorized  and  directed  not  less  than  two 
years  after  each  election,  to  sell  or  destroy  all  registers  of  electors, 
statements  of  canvass  and  tally  sheets ;  provided  that  two  copies 
of  the  register  of  electors  for  each  election  district  to  be  selected 
by  the  Superintendent  of  the  General  Bureau  of  Elections,  shall 
be  excepted  and  preserved  from  such  sale  or  destruction. 

^.;  Application  of  preceding  section. 

Sec.  370.  The  provisions  of  section  367  of  this  Act  shall 
apply  to  and  include  the  material  and  records  of  former  elections 
which  may  at  any  time  be  in  the  custody  of  said  General  Bureau 
of  Elections  or  branches  thereof,  but  shall  not  at  any  time  apply 
to  nor  include  any  material  or  records  of  any  election  as  to  which 
any  proceeding  may  at  any  time  be  pending  in  any  court,  and 
such  material  or  records  shall  remain  on  file  and  be  preserved. 

Disposition  of  proceeds  of  sales. 

Sec.  371.  All  moneys  realized  by  sales  under  this  Chapter 
shall  be  ^paid  over  to  the  Chamberlain  of  The  City  of  New 
York,  toithe  credit  of  the  General  Fund  of  said  city. 


184 


CHAPTER    IX. 

BOROUGH     OFFICERS,     LOCAL     BOARDS    AND     LOCAL 
IMPROVEMENTS. 

Title  1.     Borough  Officers. 

2.  Local  Boards. 

3.  Local  Improvements. 

Title  1. 

BOROUGH   officers. 

President:  qualifications,  term,  election,  salary. 

Section  382.  There  shall  be  a  President  of  each  Borough, 
who  must  be  a  resident  thereof  at  the  time  of  his  election 
and  remain  a  resident  thereof  throughout  his  term  of  office. 
The  President  and  his  successors  shall  be  elected  by  the  electors 
of  the  Borough  at  all  the  elections  whereat  the  Mayors  of  The 
City  of  New  York  are  respectively  to  be  elected.  The  President 
shall  hold  his  office  for  a  term  of  four  years  commencing  at  noon 
on  the  first  day  of  January  next  after  his  election.  The  salary  of 
the  Presidents  of  the  Boroughs  of  Manhattan,  of  The  Bronx  and  of 
Brooklyn,  respectively,  shall  be  five  thousand  dollars  a  year,  and 
the  salary  of  the  Presidents  of  the  Boroughs  of  Queens  and  of 
Richmond,  respectively,  shall  be  three  thousand  dollars  a  year. 
A  President  of  a  Borough  may  be  removed  by  the  Mayor  on 
charges,  subject  to  the  approval  of  the  Governor  of  the  State  of 
New  York.  Any  vacancy  in  the  office  of  President  caused  by  re- 
moval from  the  Borough,  or  otherwise,  shall  be  filled  for  the  unex- 
pired term  by  an  election  to  such  vacancy  made  by  a  majority  vote 
of  all  of  the  members  of  the  Municipal  Assembly  then  in  office  rep- 

185 


^esenting  said  Borough,  and  in  case  of  any  such  vacancy  it  shall  be 
the  duty  of  the  Mayor  forthwith  to  call  such  members  in  session 
for  such  an  election  and  to  preside  thereat ;  but  he  shall  not  vote 
unless  his  vote  be  necessary  to  decide  the  election.  In  case  of 
the  disability  of  any  President  of  the  Borough  caused  by  pro- 
tracted illness  there  shall  be  elected  in  the  same  manner  as  for 
a  vacancy,  a  President  of  the  Borough  pro  tempore,  who  shall  act 
until  the  President  is  able  to  perforra  the  duties  of  his  office. 

President:  Powers  and  duties. 

Sec.  383.  A  President  of  a  Borough  shall,  by  virtue 
of  his  office,  be  a  member  of  the  Local  Board  of  every  Dis- 
trict of  Local  Improvements  in  his  Borough,  and  Chair- 
man thereof,  entitled  to  preside  at  its  meetings  and  to  vote 
as  any  other  member,  but  he  shall  not  have  the  power  of  veto. 
He  shall  have  an  office  in  such  hall  or  public  building  of  the 
Borough  as  the  Municipal  Assembly  may  by  resolution  direct. 
He  shall  have  power  to  appoint  a  Secretary  and  other  assist- 
ants and  clerks,  if  provision  be  made  therefor  by  the  Board  of 
Estimate  and  Apportionment  and  the  Municipal  Assembly,  and, 
within  the  proper  appropriation,  to  fix  their  salaries.  The  said 
Secretary,  assistants  and  clerks  shall  hold  office  at  the  pleasure 
of    the    President. 

President  to  call  meetings  of  Local  Board. 

Sec.  384.  A  President  of  the  Borough  shall  call  all  meetings 
of  the  various  Local  Boards  of  the  Borough,  and  shall  give  such 
notice  thereof  to  the  members  as  the  ordinances  of  the  Municipal 
Assembly  may  require.  And  he  shall  certify  all  resolutions, 
proceedings  and  determinations  of  the  Local  Boards  of  the 
Districts  of  Local  Improvements  in  his  Borough. 

Halls  or  buildings  to  be  located  in  each  Borough. 

Sec.  885.  There  may  be  when  prescribed  by  this  Act  a  Hall 
or  Public  Building  or  Buildings  in  each  Borough,  at  which  may 
be  stationed  deputies  of  such  of  the  various  administrative  de- 
partments of  the  City  Government,  as  may  be  authorized  by  the 
Board  of  Public  Improvements,  for  the  greater  convenience  of 

186 


the  people  of  the  City  in  the  discharge  of  the  duties  thereof, 
provided  such  deputies  or  divisions  shall  be  in  all  things  as 
much  a  part  of  each  department  respectively,  and  as  fully  under 
the  head  thereof,  as  if  the  administrative  force  of  said  depart- 
ment were  seated  wholly  in  one  building. 


Title  2. 
local  boards. 

Districts  of  Local  Improvements. 

Sec.  390.  For  the  purposes  of  local  improvements  the  terri- 
tory of  The  City  of  New  York  is  hereby  divided  into  certain  Dis- 
tricts of  Local  Improvements.  The  districts  so  constituted  shall 
be  named  or  numbered  or  otherwise  distinguished  by  the  Muni- 
cipal Assembly.  As  first  constituted  by  this  Act  there  shall  be 
twenty-two  Districts  of  Local  Improvements  which  shall  together 
comprise  all  of  the  territory  by^this  Act  consolidated  into  The  City 
of  New  York.  The  territory  in  each  of  the  Senatorial  Districts  of 
the  State  of  New  York,  situated  in  whole  or  in  part  within  the  limits 
of  The  City  of  New  York,  as  constituted  by  this  Act,  as  such  Dis- 
tricts are  divided  by  the  Constitution  of  the  State  of  New  York  in 
force  January  the  first,  eighteen  hundred  and  ninety-five,  and  to  the 
extent  that  they  are  within  the  limits  of  said  city,  and  as  therein 
bounded  and  described,  shall  constitute  a  separate  District  of 
local  improvements,  that  shall  be  bounded  and  described  in  the 
same  terms  as  is  the  same  territory  when  contained  in  a  Senatorial 
District,  as  aforesaid.  The  Municipal  Assembly  shall,  whenever 
necessary,  supplement  and  complete  the  description  of  the 
boundaries  of  any  District. 

The  Local  Board  how  constituted,  jurisdiction. 

Sec.  391.  There  shall  be  in  each  and  every  district  of  local 
improvements  a  Board  of  Local  Improvements  to  be  known  and 
described  as  "  The  Local  Board,"  to  be  entrusted  with  the  powers 

187 


by  this  Act  prescribed.  The  jurisdiction  of  each  Local  Board  shall 
be  confined  to  the  district  for  which  it  is  constituted,  and  to  those 
subjects  or  matters  the  costs  and  expenses  whereof  are  in  whole 
or  in  part  a  charge  upon  the  people  or  property  of  the  district  or 
a  part  thereof,  except  so  far  as  by  this  Act  jurisdiction  may  other- 
wise be  given  over  matters  of  local  administration  within  such 
district.  Each  Local  Board  shall  consist  of  the  President  of  the 
Borough  wherein  the  district  is  situated,  by  virtue  of  his  office, 
and  of  each  member  of  the  Municipal  Assembly,  who  is  a  resident 
of  such  Local  Improvement  District,  by  virtue  of  his  office  and 
during  his  term  as  such  member.  Removal  from  the  district 
shall  vacate  their  offices  as  members  of  the  said  Local  Board.  The 
members  of  a  Local  Board  shall  serve  as  such  members  without 
compensation.  If  any  proposed  local  improvement  specified  in 
section  393  of  this  Act  shall  embrace  the  territory  or  affect  the 
property  of  more  than  one  district  of  local  improvements,  the 
members  of  the  Local  Boards  of  all  the  Districts  so  affected  shall, 
for  all  proceedings  in  the  matter  of  such  improvement,  constitute 
the  Local  Board  for  the  purposes  thereof,  and  its  proceedings  shall 
in  all  respects  conform  to  the  provisions  of  this  Act  that  regulate 
the  proceedings  of  any  other  Local  Board. 

Id.:  Procedure. 

Sec.  392.  The  action  of  a  Local  Board  shall  be  by  resolution, 
subject  to  the  procedure  governing  resolutions  passed  by  the 
Municipal  Assembly  and  conformably  thereto  save  that  they 
need  not  be  submitted  to  the  Mayor  of  The  City  of  New  York  for 
his  approval. 

Id.:  Powers. 

Sec.  393.  A  Local  Board,  subject  to  the  restrictions  provided 
by  this  Act,  shall  have  power  in  all  cases  where  the  cost  of  the 
improvement  is  to  be  met  in  whole  or  in  part  by  assessments 
upon  the  property  benefited,  to  recommend  that  proceedings  be 
initiated  to  open,  close,  extend,  widen,  grade,  pave,  regrade, 
repave  and  repair  the  streets,  avenues  and  public  places,  and  to 
construct  lateral  sewers  within  the  district ;  to  flag  or  reflag,  curb 
or  recurb  the  sidewalks,  and  to  relay  cross-walks  on  such  streets 

188 


#'V'    ■-  --''     ■♦^ 
fUFIVlESITT] 

and  avenues ;  to  set  or  to  reset  street  lampsT^Jftk=*ep^Wvide  signs 
designating  the  names  of  the  streets.  A  Local  Board  shall  have 
power  to  hear  complaints  of  nuisances  in  streets  or  avenues,  or 
against  disorderly  houses,  drinking  saloons  conducted  without 
observance  of  the  licenses  therefor,  gambling  houses  or  any  other 
places  or  congregations  violative  of  good  order  or  of  the  laws  of 
this  State,  or  other  matters  or  things  concerning  the  peace, 
comfort,  order  and  good  government  respecting  any  neighbor- 
hood within  the  district,  or  concerning  the  condition  of  the  poor 
within  the  district,  and  to  pass  such  resolutions  concerning  the 
same  as  may  not  be  inconsistent  with  the  powers  of  the  Municipal 
Assembly  or  of  the  respective  administrative  departments  of  The 
City  of  New  York,  and  to  aid  such  Municipal  Assembly  and 
Departments  in  the  discharge  of  their  duties  respecting  the  good 
government  of  the  said  district. 

Id.:  Meetings:  Secretary:  Quorum, 

Sec.  394.  Meetings  of  each  Local  Board  shall  be  held  at  the 
Main  Hall  or  Public  Building  of  the  Borough.  It  shall  be  the 
duty  of  the  President  to  call  such  meetings  whenever  in  his 
opinion  the  public  business  shall  require,  or  whenever  he  shall 
receive  the  written  request  of  any  three  members  of  a  Local 
Board.  The  Secretary  of  the  President  of  the  Borough  shall  act 
as  the  Secretary  of  each  Local  Board,  in  the  Borough,  without 
additional  compensation.  He  shall  keep  a  record  of  all  resolu- 
tions, proceedings  and  determinations  of  each  Local  Board,  and 
shall  file  the  same  in  the  ofifice  of  the  President  of  the  Borough, 
and  he  shall  discharge  such  other  duties  as  may  be  prescribed  by 
this  Act,  or  by  the  Municipal  Assembly,  or  by  the  President  of 
the  Borough,  or  by  a  Local  Board.  The  President  of  a  Local 
Board  and  one  other  member  thereof  shall  constitute  a  quorum 
for  the  transaction  of  business  at  any  meeting  duly  called. 


189 


Title  3. 

local  improvements. 

President:  Duty  on  receipt  of  petition. 

Sec.  400.  When  a  petition  for  a  local  improvement  within 
the  jurisdiction  of  a  Local  Board  has  been  received  by  the 
President  of  the  Borough,  it  shall  be  his  duty  to  appoint  a  time 
for  a  meeting  of  the  proper  Local  Board,  not  more  than  fifteen 
days  thereafter,  at  which  meeting  such  petition  will  by  him  be 
submitted  to  the  said  Local  Board,  and  he  shall  thereupon 
cause  a  notice  to  be  published  in  the  "City  Record,"  that  such 
petition  has  been  presented  to  him  and  is  on  file  in  his  office  for 
inspection,  and  of  the  time  when  and  of  the  place  where  there 
will  be  a  meeting  of  the  Local  Board  at  which  such  petition  will 
be  submitted  by  him,  to  said  board,  which  time  shall  not  be  less 
than  ten  days  after  the  publication  of  the  notice. 

Local  Board,  proceedings  after  petition. 

Sec.  401.  The  Local  Board,  after  the  submission  of  such 
petition  and  consideration  of  the  same,  may  then,  as  the  petition 
shall  ask,  recommend  that  proceedings  be  initiated  to  open,  to 
close,  to  extend,  to  widen,  to  regulate,  to  grade,  to  curb,  to 
gutter,  to  flag,  and  to  pave  streets,  to  lay  crosswalks,  and  to  con- 
struct lateral  sewers  within  its  district,  and  generally  for  such 
other  improvements  in  and  about  such  streets  within  its  district 
as  the  public  wants  and  convenience  of  the  district  shall  require. 

Id. :   To  transmit  resolution:  further  procedure;  expenses  to  be  a  lien. 

Sec,  402.  If  the  Local  Board  shall  by  resolution  decide  to 
recommend  that  proceedings  be  initiated  for  a  local  improvement 
within  its  jurisdiction,  it  shall  thereupon,  forthwith,  transmit  a 
copy  of  such  resolution  to  the  Board  of  Public  Improvements. 
Said  board  shall  promptly  consider  such  resolution,  and  if,  in  its 
opinion,  the  work  proposed  ought  to  be  proceeded  with,  it  shall 
take  such  steps  in  regard  thereto  as  are  in  this  Act  provided  in 
the  cases  where  public  works  are  proposed  and  initiated  by  said 
Board    of    Public    Improvements.      The   expense    of    all    such 

190 


improvements  shall  be  assessed  and  be  a  lien  on  the  property- 
benefited  thereby  in  proportion  to  the  amount  of  said  benefit, 
and  in  no  case  shall  extend  beyond  the  limits  of  said  district. 

Local  Boards,  power  to  flag  sidewalks,  etc. 

Sec.  403.  A  Local  Board  shall  have  the  power  to  cause  the 
flagging  or  reflagging  of  sidewalks,  laying  or  relaying  of  cross- 
walks, fencing  vacant  lots,  digging  down  lots  or  filling  in  sunken 
lots  within  its  district,  by  resolution  approved  by  the  Board 
of  Public  Improvements.  When  such  public  work  or  improve- 
ment shall  have  been  duly  authorized,  the  Board  of  Public  Im- 
provements shall  direct  the  proper  department  to  proceed 
forthwith  in  the  execution  thereof,  as  in  cases  where  public 
works  are  proposed  and  initiated  by  said  Board  of  Public  Improve- 
ments. 

Construction  of  this  title. 

Sec.  404.  Nothing  in  this  title  contained  shall  be  construed 
to  in  any  way  limit  the  power  of  the  Board  of  Public  Improve- 
ments or  of  the  Municipal  Assembly,  or  of  the  Board  of  Public 
Improvements  and  the  Municipal  Assembly  conjointly,  in 
authorizing  any  public  improvement,  nor  shall  anything  herein 
contained  be  construed  to  authorize  any  local  Board  to  incur  any 
expenditures  other  than  as  authorized  by  the  Board  of  Estimate 
and  Apportionment. 


191 


CHAPTER  X. 

THE  BOARD  OF  PUBLIC  IMPROVEMENTS. 

Title  1.     Board  of  Public  Improvements. 

2.  Map  or  Plan  of  The  City  of  New  York ;   Map  of  Sewer 

System  and  Sewer  Districts. 

3.  General  Provisions  relating  to  Departments. 

4.  Department  of  Water  Supply. 

5.  Department  of  Highways. 

6.  Department  of  Street  Cleaning. 

7.  Department  of  Sewers. 

8.  Department  of  Public  Buildings,  Lighting  and  Sup- 

plies. 

9.  Department  of  Bridges. 

Title  1. 
board  of  public  improvements. 

Board  of  Public  Improvements;  how  constituted. 

Sec.  410.  There  shall  be  in  The  City  of  New  York  a  Board 
of  Public  Improvements,  to  consist  of  the  President  of  said  Board, 
the  Mayor,  the  Corporation  Counsel,  the  Comptroller,  the  Com- 
missioner of  Water  Supply,  the  Commissioner  of  Highways,  the 
Commissioner  of  Street  Cleaning,  the  Commissioner  of  Sewers, 
the  Commissioner  of  Public  Buildings,  Lighting  and  Supplies, 
the  Commissioner  of  Bridges,  and  the  Presidents  of  the  several 
Boroughs,  by  virtue  of  their  respective  offices.  The  Mayor,  the 
Corporation  Counsel,  the  Comptroller,  and  the  Presidents  of  the 

192 


several  Boroughs  shall  not  be  counted  as  members  of  the  Board 

for  the  purpose  of  ascertaining  if  a  quorum  be  present.      No 

President  of  a  Borough  shall  have  a  vote  in   said  Board  except 

upon  matters  relating  exclusively  to  the  Borough  of  which  he  is 

President. 

Id.  President;  salary;  powers. 

Sec.  411.  The  President  of  the  Board  of  Public  Improve- 
ments shall  be  appointed  by  the  Mayor  and  hold  his  office,  as 
provided  in  chapter  IV  of  this  Act.  His  salary  shall  be  eight 
thousand  dollars  a  year.  He  shall  be  a  member  of  the  Board  of 
Revision  of  Assessments. 

The  said  President  shall  have  power  to  designate  one  of  the 
members  of  said  Board  as  Vice-President. 

The  President  or  in  his  absence  the  Vice-President,  shall 
preside  at  all  meetings  of  said  Board,  shall  certify  all  proceedings 
thereof,  except  as  otherwise  provided,  and  shall  cause  all  reports 
required  by  said  Board  to  be  made  from  the  departments  without, 
delay. 

The  President  shall  have  power,  in  all  cases  of  difference 
in  the  said  Board  concerning  the  disposition  of  any  public  work, 
to  assign  such  work  to  one  or  more  of  the  departments  for  execu- 
tion ;  and  in  case  there  shall  arise  any  disagreement  between  the 
different  departments  represented  on  said  Board,  other  than  the 
Department  of  Finance  and  the  Law  Department,  or  between  con- 
tractors respectively  undertaking  work  pursuant  to  contracts  let 
by  the  different  departments,  the  President  shall  decide  such  mat- 
ter and  his  decision  shall  be  final  until  and  unless  such  decision 
shall  be  reversed  by  the  Board  of  Public  Improvements.  In  case 
of  the  inability  of  the  President  to  decide  any  of  such  matters  by 
reason  of  sickness,  or  absence  from  the  city,  for  a  period  not 
less  than  three  days,  the  Mayor  shall  have  power  to  decide  the 
same. 

The  President  shall  have  the  power  to  vote,  but  his  approval 
shall  not  be  necessary  for  the  validity  of  any  resolution  of  the 
said  Board. 

Id.   Secretary;  office;  meetings;  quorum,  etc. 

Sec.  412.     The  President  of  said  Board  shall  have  power  to 

193 


appoint  and  remove  a  Secretary  of  the  Board  and  such  other  clerks 
as  may  be  necessary.  The  Secretary  shall  attend  its  meetings, 
keep  and  preserve  a  record  of  its  proceedings,  and  perform  such 
other  clerical  duties  as  the  Board  or  the  President  may  from  time 
to  time  direct.  The  salary  of  the  Secretary  and  of  all  clerks,  within 
the  proper  appropriation,  shall  be  fixed  and  regulated  by  said 
Board. 

The  Municipal  Assembly  shall  make  provision  for  an  office 
and  a  meeting-room,  in  the  Borough  of  Manhattan,  for  said  Board 
of  Public  Improvements.  The  said  Board  shall  meet,  once  a  week 
at  least,  for  the  consideration  of  public  business,  and  the  President 
of  the  Board  may  call  meetings  of  the  said  Board  whenever  he 
may  deem  it  necessary.  A  majority  of  the  members  of  the 
Board  who,  as  heretofore  provided,  are  to  be  counted  for  the 
purpose  of  ascertaining  if  a  quorum  be  present,  shall  form  a 
quorum  for  the  transaction  of  business,  but  final  action  shall  not 
be  had  in  any  matter  specially  concerning  the  department  of  any 
Commissioner  not  in  attendance,  unless  such  matter  has  thereto- 
fore been  made  a  special  order  of  the  day.  The  said  Board 
shall  from  time  to  time  furnish  to  the  Municipal  Assembly  such 
information  and  data  as  may  be  required  of  it,  or  as  it  may 
deem  proper  or  necessary  to  impart,  and  shall  make  an  annual 
report  to  the  Mayor. 

Authorizing  Public  Improvements. 

Sec.  413.  Except  as  herein  otherwise  provided,  any  public 
■work  or  improvement  within  the  cognizance  and  control  of  any 
one  or  more  of  the  Departments  of  the  Commissioners  who  con- 
stitute the  Board  of  Public  Improvements,  that  may  be  the  sub- 
ject of  a  contract,  must  first  be  duly  authorized  and  approved  by 
a  resolution  of  the  Board  of  Public  Improvements  and  an  ordi- 
nance or  resolution  of  the  Municipal  Assembly.  But  no  public 
work  or  improvement,  involving  an  assessment  for  benefit,  shall  be 
so  authorized  until  there  has  been  presented  to  the  Board  of  Pub- 
lic Improvements  an  estimate  in  writing,  in  such  detail  as  the  Board 
may  direct,  of  the  cost  of  the  proposed  work  or  improvement,  and 
a  statement  of  the  assessed  value,  according  to  the  last  preceding 

194 


tax  roll,  of  the  real  estate  included  within  the  probable  area  of  assess- 
ment. Any  ordinance  or  resolution  of  the  Municipal)  Assembly- 
approving  any  public  work  or  improvement  shall  be  subject  to  the 
power  of  the  Mayor  over  resolutions  or  ordinances  of  the  Mun- 
icipal Assembly,  which  ordinance  or  resolution,  together  with 
a  statement  of  the  final  disposition  thereof,  duly  certified  by 
the  City  Clerk,  shall  be  transmitted  to  the  Board  of  Public 
Improvements.  When  a  public  work  or  improvement  shall 
have  been  duly  authorized,  as  aforesaid,  then,  but  not  until  then, 
it  shall  be  lawful  for  the  proper  department  to  proceed  in  the 
execution  thereof,  in  accordance  with  the  provisions  and  subject  to 
the  limitations  of  this  Act.  Nothing  herein  contained  shall  be 
construed  as  conferring  on  the  Board  of  Public  Improvements 
any  of  the  exclusive  powers  vested  by  law  in  of  the  said  Com- 
missioners in  his  department  concerning  the  details  of  any 
work  or  improvement. 

Municipal  Assembly;  restriction  on  powers  of. 

Sec.  414.  It  shall  not  be  lawful  for  the  Municipal  Assembly 
to  enter  directly  into  contract  for  any  public  work  or  im- 
provement whatsoever. 

When  proposals  to  enter  upon  public  work  of  any  character 
falling  within  the  jurisdiction  of  the  various  departments  repre- 
sented in  the  Board  of  Public  Improvements  originate  in  the 
Municipal  Assembly,  before  an  ordinance  or  resolution  authori- 
zing the  same  or  providing  money  therefor  shall  be  adopted,  a 
report  must  be  had  from  the  Board  of  Public  Improvements  as 
to  the  desirability  thereof.  Said  Board  shall  report  in  as  much 
detail  as  possible,  and  shall  submit  an  approximate,  and,  when- 
ever practicable,  a  detailed  estimate  of  cost.  If  the  report  of 
the  Board  of  Public  Improvements  be  favorable  to  the  project, 
an  ordinance  or  resolution  authorizing  the  same  may  be  passed 
in  the  usual  manner :  but,  if  the  report  of  the  Board  of  Public 
Improvements  be  unfavorable,  an  ordinance  or  resolution  authori- 
zing the  project  shall  be  passed  only  by  a  vote  of  five-sixths  of 
both  houses  of  the  Municipal  Assembly,  and  be  approved  by 
the  Mayor. 

195 


Board  of  Public  Improvements ;  power   with   respect   to  certain 
subjects. 

Sec.  415.     The  Board  of  Public  Improvements,  shall  have 
power  over  the  following  subjects : 

(1)  The  adoption  of  a  map  or  plan  for  any  part  of 
the  City  of  New  York  for  which  no  final  map  or  plan  has 
been  adopted. 

(2)  Acquiring  title  for  the  use  of  the  public  to  land 
required  for  parks,  streets,  approaches  to  bridges  and 
tunnels,  sites  or  lands  above  or  under  water  for  bridges 
or  tunnels. 

(3)  Acquiring  title  for  the  use  of  the  public  to  lands 
or  easements  therein,  required  for  sewers,  as  provided  in 
title  7  of  this  chapter. 

(4)  The  approval  of  plans  for  the  sewerage  and  drain- 
age of  the  City  of  New  York,  devised  and  prepared  by 
the  President  of  said  Board  and  the  Commissioner  of 
Sewers. 

(5)  The  construction,  repairing  and  cleansing  of 
sewers  and  underground  drains. 

(6)  Repairs  and  renewal  of  pavements  and  readjusting 
the  grade  of  streets  in  connection  therewith. 

(7)  Water  rents,  superintendence  of  water  supply  of 
private  water  companies,  contracts  for  water  supply  with 
private  companies  or  other  municipalities. 

(8)  Any  public  work  for  which  the  money  has  been 
provided  either  in  the  tax  levy  or  by  the  issue  of  bonds. 
But  in  the  ordinance  authorizing  the  issue  of  bonds  for 
the  repaving  of  streets,  the  Municipal  Assembly  may 
designate  the  Borough  or  Boroughs  in  which  the  money 
obtained  from  the  sale  of  such  bonds  shall  be  expended. 

To  prepare  ordinances y  etc. 

Sec.  416.     It  shall  be  the  duty  of  the  Board  of  Public  Im- 

196 


y^^^lJ~vements   to  prepare   and    to   recommend   to  the  Municipal 
Assembly  all  ordinances  and  resolutions  regulating  the  following 


matters 


(1)  The  laying  of  water  pipes  and  the  making  of  all 
attachments  thereto,  and  also  the  extending,  construct- 
ing and  repairing  of  the  water  works. 

(2)  The  regulating,  grading,  curbing,  guttering,  flag- 
ging and  paving  of  streets,  the  laying  of  crosswalks,  the 
constructing,  reconstructing  and  repairing  of  streets  and 
the  making  of  all  excavations  therein  for  public  purposes, 
and  also  prescribing  the  width  of  sidewalks,  and  regula- 
ting the  manner  of  constructing  and  laying  the  same. 

(3)  Encroachments  upon  and  obstructions  in  the  city 
streets,  and  authorizing  and  requiring  their  removal. 

(4)  The  use  of  the  streets  and  sidewalks  for  signs, 
sign-posts,  awnings,  awning-posts,  horse-troughs,  urinals, 
telegraph-posts  and  other  purposes. 

(5)  The  exhibition  of  advertisements  or  handbills 
along  the  streets. 

(6)  The  construction,  repair  and  use  of  vaults,  cis- 
terns, areas,  hydrants  and  pumps. 

(7)  The  construction  and  repair  of  public  markets. 

(8)  The  preservation  and  protection  of  all  or  any  of 
the  works  connected  with  the  supplying  of  the  City  of 
New  York  with  pure  and  wholesome  water. 

(9)  The  cleaning  and  sprinkling  of  streets,  and  the 
using  of  streets  and  sidewalks  in  building  operations,  and 
for  all  other  temporary  or  business  purposes. 

(10)  The  laying  of  gas  pipes  and  electric  wires  under- 
ground, steam  pipes,  pneumatic  tubes  and  the  like,  and 
the  lighting  of  all  public  thoroughfares,  places,  bridges 
and  buildings,  the  inspecting  and  testing  of  gas  or 
electricity  employed  for  light,  heating  and  power,  gas- 
meters,  electric-meters,  electric  wires,  the  use  and  trans- 

197 


mission  of  electricity  for  all  purposes  in,  upon,  across, 
over  and  under  all  streets  and  public  buildings,  and  the 
opening  of  street  surfaces  for  the  business  of  manufac- 
turing, using  and  selling  electricity,  gas,  steam,  or  for 
the  surface  of  pneumatic  tubes, 

(11)  The  erecting,  extending  and  repairing  of  public 
buildings,  other  than  school-houses,  almshouses,  peni- 
tentiaries, and  the  police  and  fire  station-houses. 

(12)  The  rates  of  fare  on  the  railroad  of  the  New- 
York  and  Brooklyn  Bridge,  and  upon  the  roadways 
thereof,  and  upon  any  other  bridge  or  bridges  and  the 
roadways  thereof,  where  a  fare  is,  or  may  be  authorized 
by  law,  and  for  the  safety  of  travel  upon  any  and  all  of 
the  bridges  within  the  territory  of  the  City  and  not 
included  within  any  of  the   public  parks  thereof. 

(13)  The  making  of  all  contracts  for  public  work 
or  supplies,  and  agreements  in  relation  thereto  by 
which  the  City  shall  be  liable  to  pay  money ;  and  such 
ordinances  among  other  matters  must  provide,  that  the 
award,  if  any,  must  be  made  to  the  lowest  bidder,  unless 
the  Board  of  Public  Improvements,  by  the  vote  of  a 
majority  of  its  members,  of  whom  the  Mayor  and  the 
Comptroller  shall  be  two,  shall  determine  that  it  is  for 
the  public  interest  that  a  bid  other  than  the  lowest  should 
be  accepted,  and  that  no  contract  shall  be  made  until  the 
Comptroller  certifies  thereon  that  the  necessary  funds  are 
provided  and  applicable  thereto. 

Public  Improvement:  further  procedure. 

Sec.  417.  All  proposed  City  ordinances  regulating  the 
public  work  specified  in  section  416  of  this  Act  must  from 
time  to  time  be  adopted  or  prepared  by  said  Board  of 
Public  Improvements,  and  when  approved  by  said  Board, 
such  proposed  ordinances  duly  certified  shall  be  submitted 
to  the  Municipal  Assembly.  And  the  Municipal  Assembly 
shall,    without  power  of  amendment,   take    such    ordinance    or 

198 


ordinances  into  consideration,  and  shall  either  enact  or  reject 
the  same,  and  if  rejected,  it  or  they  shall  be  returned  to 
the  Board  of  Public  Improvements  for  further  considera- 
tion. So  far  as  may  be  possible  in  the  first  instance,  and 
so  far  as  the  public  business  may  permit,  the  ordinances 
regulating  the  matters  provided  for  in  section  416  of  this  Act 
shall  be  submitted  to  the  Municipal  Assembly  so  as  to  afford 
an  entire  rule  of  municipal  action  upon  each  of  the  different 
subjects  in  said  section  described  and  specified. 

Board  of  Public  Improvements;  power  to  prescribe  rides,  etc. 

Sec.  418.  The  Board  of  Public  Improvements  may  prescribe 
rules,  regulations  or  plans  for  the  regulating,  grading,  paving, 
curbing  and  guttering  of  streets,  avenues,  roads  and  public 
places  other  than  parks,  and  for  the  laying  of  crosswalks  and 
sidewalks  throughout  the  city. 

Contracts  for  work  or  supplies. 

Sec.  419.  All  contracts  to  be  made  or  let  for  work  to  be 
done  or  supplies  to  be  furnished,  except  as  in  this  Act  otherwise 
provided,  and  all  sales  of  personal  property  in  the  custody  of 
the  several  departments  or  bureaus,  shall  be  made  by  the 
appropriate  heads  of  departments  under  such  regulations  as  shall 
be  established  by  ordinance  or  resolution  of  the  Municipal 
Assembly.  Whenever  any  work  is  necessary  to  be  done  to  com- 
plete or  perfect  a  particular  job,  or  any  supply  is  needful  fo^ 
any  particular  purpose,  which  work  and  job  is  to  be  undertaken 
or  supply  furnished  for  the  City  of  New  York,  and  the  several 
parts  of  the  said  work  or  supply  shall,  together,  involve  the 
expenditure  of  more  than  one  thousand  dollars,  the  same  shall 
be  by  contract,  under  such  regulations  concerning  it  as  shall  be 
established  by  ordinance  or  resolution  of  the  Municipal  Assem- 
bly, excepting  such  works  now  in  progress  as  are  authorized  by 
law  or  ordinance  to  be  done  otherwise  than  by  contract 
and,  unless  otherwise  ordered  by  a  vote  of  three-fourths  of 
the  members  elected  to  the  Municipal  Assembly ;  and  all 
contracts    shall    be    entered    into    by  the    appropriate  heads  of 

199 


departments,  and  shall,  except  as  herein  otherwise  provided,  be 
founded  on  sealed  bids  or  proposals,  made  in  compliance  with 
public  notice,  duly  advertised  in  the  "City  Record,"  and  the 
corporation  newspapers,  said  notice  to  be  published  at  least 
ten  days;  if  the  head  of  a  department  shall  not  deem  it  for 
the  interests  of  the  City  to  reject  all  bids,  he  shall,  without  the 
consent  or  approval  of  any  other  department  or  officer  of  the 
City  government,  award  the  contract  to  the  lowest  bidder,  unless 
the  Board  of  Public  Improvements  by  the  vote  of  a  majority  of 
its  members,  of  whom  the  Mayor  and  the  Comptroller  shall  be 
two,  shall  determine  that  it  is  for  the  public  interest  that  a  bid 
other  than  the  lowest  should  be  accepted ;  the  terms  of  such 
contract  shall  be  settled  by  the  Corporation  Counsel  as  an  act 
of  preliminary  specification  to  the  bid  or  proposal.  The  bidder 
whose  bid  is  accepted  shall  give  security  for  the  faithful  per- 
formance of  his  contract  in  the  manner  prescribed  and  required 
by  ordinance ;  and  the  adequacy  and  sufficiency  of  this  security 
shall,  in  addition  to  the  justification  and  acknowledgment,  be 
approved  by  the  Comptroller.  All  bids  or  proposals  shall  be 
publicly  opened  by  the  officer  or  officers  advertising  for  the  same 
and  in  the  presence  of  the  Comptroller,  but  the  opening  of  the 
bids  shall  not  be  postponed  if  the  Comptroller  shall,  after  due 
notice,  fail  to  attend.  If  the  lowest  bidder  shall  neglect  or 
refuse  to  accept  the  contract  within  five  days  after  written  notice 
that  the  same  has  been  awarded  to  his  bid  or  proposal,  or  if  he 
accepts  but  does  not  execute  the  contract  and  give  the  proper 
security,  it  shall  be  readvertised  and  relet  as  above  provided. 
In  case  any  work  shall  be  abandoned  by  any  contractor,  it  shall 
be  readvertised  and  relet  by  the  head  of  the  appropriate  depart- 
ment in  the  manner  in  this  section  provided.  No  bid  shall  be 
accepted  from,  or  contract  awarded  to,  any  person  who  is  in 
arrears  to  the  City  of  New  York  upon  debt  or  contract,  or  who 
is  a  defaulter,  as  surety  or  otherwise,  upon  any  obligation  to  the 
City.  Every  contract,  when  made  and  entered  into,  as  before 
provided  for,  shall  be  executed  in  duplicate,  and  shall  be  filed 
in  the  Department  of  Finance ;  together  with  a  copy  of  the 
resolution  or  ordinance  of  the  Municipal  Assembly,  or  of  the  resolu- 
tion of  the  Board  of  Public  Improvements,  or  copies  of  both, 

200 


as  the  case  may  be,  authorizing  said  work ;  such  copies  shall 
be  so  filed  within  five  days  after  the  contract  shall  have  been 
duly  executed  by  the  contractor:  a  receipt  for  each  payment, 
made  on  account  of  or  in  satisfaction  of  the  same,  shall  be 
indorsed  on  the  said  contract  by  the  party  receiving  the  warrant, 
which  warrant  shall  be  only  given  to  the  person  interested  in 
such  contract,  or  his  authorized  representative.  No  expenditure 
for  work  or  supplies  involving  an  amount  for  which  no  contract 
is  required  shall  be  made,  except  the  necessity  therefor  be  certi- 
fied to  by  the  head  of  the  appropriate  department,  and  the  ex- 
penditure has  been  duly  authorized  and  appropriated. 

Proposals  to  be  advertised ;  deposit  to  accompany  bid. 

Sec.  420.  Whenever  proposals  for  furnishing  suppHes  or 
doing  work  are  invited  by  advertisement  by  any  department  or 
officer,  such  department  or. officer  is  authorized  and  directed  to 
require,  as  a  condition  precedent  to  the  reception  or  consider- 
ation of  any  proposal,  the  deposit  with  such  department  or 
officer  of  a  certified  check  upon  one  of  the  State  or  National 
banks  of  the  said  city,  drawn  to  the  order  of  the  Comptroller,  or 
of  money;  such  checks  or  money  to  accompany  the  proposal,  to 
an  amount  not  less  than  three  nor  more  than  five  percent,  of  the 
amount  of  the  bond  required  by  the  department  or  officer  for  the 
faithful  performance  of  the  work  proposed  to  be  done  or  supplies 
to  be  furnished.  Within  three  days  after  the  decision  as  to 
whom  the  contract  is  to  be  awarded,  the  Comptroller  shall  return 
all  the  deposits  made  to  the  persons  making  the  same,  except  the 
deposit  made  by  the  bidder  whose  bid  has  been  accepted ;  and  if 
the  said  bidder  whose  bid  has  been  accepted  shall  refuse  or 
neglect,  within  five  days  after  due  notice  that  the  contract  has 
been  awarded,  to  execute  the  same,  the  amount  of  deposit  made 
by  him  shall  be  forfeited  to  and  retained  by  the  said  City  as 
liquidated  damages  for  such  neglect  or  refusal,  and  shall  be  paid 
into  the  Sinking  Fund  of  the  City,  but  if  the  said  bidder  shall 
execute  the  contract  within  the  time  aforesaid  the  amount  of  his 
deposit  shall  be  returned  to  him. 

Certifiicate  of  completion  to  be  filed. 

Sec.  421.      It  shall  be  the  duty  of  each  of  the  Commissioners 

201 


mentioned  in  section  410,  of  this  Act,  having  in  charge  any  work, 
within  five  days  after  the  acceptance  of  such  work,  to  file  with 
the  Comptroller  a  final  certificate  of  the  completion  and  accept- 
ance thereof,  signed  by  the  Chief  Engineer|or  head  of  his  de- 
partment. The  filing  of  such  certificate  shall  be  presumptive 
evidence  that  such  work  has  been  completed  according  to  con- 
tract. 

It  shall  also  be  the  duty  of  such  Commissioner,  in  the  case  of 
work  to  be  paid  for  in  whole  or  in  part  by  assessment  for  benefit, 
when  such  work  shall  have  been  completed  and  accepted,  and  all 
the]]expenses  thereof  which  may  be  legally  assessed  shall  have  been 
ascertained,  to  execute  a  certificate  of  the  total  amount  of  all  the 
cost  and  expenses  which  shall  have  been  actually  incurred  by  the 
City  of  New  York  on  account  of  such  work  and  forward  the  same 
to  the  Board  of  Assessors  in  accordance  with  section  946 
of  this  Act.  Accompanying  said  certificate  shall  be  a  copy 
of  the  resolution  or  ordinance  of  the  Municipal  Assembly, 
or  of  the  resolution  of  the  Board  of  Public  Improvements,  or 
copies  of  both,  as  the  case  may  be,  authorizing  such  work  to  be 
done,  and  also  a  copy  of  any  resolution  or  ordinance,  if  any  such 
has  been  passed,  determining  that  any  proportion  of  the  cost  and 
expense  of  such  work  shall  be  borne  by  the  City  of  New  York. 
The  Board  of  Assessors  shall,  upon  receiving  such  certificate, 
assess  upon  the  property  benefited,  in  the  manner  authorized  by 
law,  the  amount  of  the  certificate,  or  such  proportions  thereof, 
as  is  authorized  by  law.  The  proceedings  relative  to  levying, 
confirming  and  collecting  any  such  assessments  shall  be  in  ac- 
cordance with  the  provisions  of  chapter  XVII  of  this  Act. 

Power  to  assess  for  Local  Improvements. 

Sec.  422.  In  all  cases  where  the  Board  of  Public  Improve- 
ments or  the  Municipal  Assembly  or  the  Board  of  Public  Im- 
provements and  the  Municipal  Assembly  together,  with  or 
without  the  concurrence  or  approval  of  any  other  Board  or 
ofificer,  are  authorized  to  determine  that  a  local 'improvement  is 
to  be  made,  the  said  Board  or  the  said  Municipal  Assembly,  or 
both  as  the  case  may  be,  shall  determine  whether  any,  and  if 
any,  what  proportion,  of  the  cost  and  expense  thereof  shall  be 

202 


borne  and  paid  by  the  City  of  New  York,  and  the  remainder  of 
such  cost  and  expense  shall  be  assessed  upon  the  property  deem- 
ed to  be  benefited  thereby ;  and  the  assessment  shall  be  laid  and 
confirmed  and  collected  in  accordance  with  the  provisions  of 
chapter  XVII  of  this  Act. 

The  words  "  local  improvement  "  as  used  in  this  section  shall 
be  construed  to  mean  with  respect  to  each  Borough  of  the  City 
of  New  York  any  work  the  payment  of  which  was,  prior  to  the 
passage  of  this  Act,  provided  for,  by  the  laws  in  force  in  such 
Borough,  in  whole  or  in  part,  by  assessment  upon  the  property 
deemed  to  be  benefited  thereby  or  the  owners  thereof,  other 
than  assessments  which  are  confirmed  by  a  court  of  record. 

Comptroller  to  pay  contractors. 

Sec.  423.  When  a  contract  for  a  public  improvement  shall 
have  been  entered  into  and  a  certified  copy  thereof  shall  have 
been  filed  with  the  Comptroller,  in  conformity  with  section  419 
of  this  Act,  said  Comptroller  is  hereby  authorized  and  directed 
to  pay  to  the  contractor  or  his  assigns,  from  time  to  time  as 
the  work  progresses,  seventy  per  centum  of  the  estimated 
value  of  the  work  actually  done  under  said  contract,  until  the 
same  shall  have  been  completed.  The  estimate  of  the  value  of 
any  such  work  shall  be  signed  by  the  Surveyor  and  also  by 
the  Chief  Engineer  of  the  department  having  the  matter  in 
charge,  and  upon  the  final  completion  of  any  contract,  and  the 
filing  of  the  final  certificate  of  completion,  the  Comptroller  shall, 
within  thirty  days  thereafter,  or  within  thirty  days  after  the 
expiration  of  the  time  within  which,  according  to  the  terms 
of  the  contract,  the  City  has  to  accept  such  work,  pay  to  the 
contractor  or  his  assigns,  the  balance  of  the  amount  due  under 
said  contract,  provided,  however,  that  the  Municipal  Assembly, 
upon  the  recommendation  of  the  Board  of  Public  Improvements, 
may  authorize  contracts  for  asphalt  or  other  pavements  to  be 
made,  with  a  guaranty  upon  the  part  of  the  contractor  for  one 
or  more  years,  with  a  provision  for  the  retention  of  a  percentage 
of  the  amount  to  be  paid,  which  shall  be  paid  within  thirty 
days  after  the  expiration  of  the  guaranty,  upon  the  filing  of  a 
certificate   signed    by   the    Chief    Engineer  of    the    department 

203 


having  the  matter  in  charge  that  the  terms  of  the  contract  have 
been  complied  with.  The  payments  to  be  made  by  the  Comp- 
troller pursuant  to  this  section  shall  be  made  out  of  the  "  Street 
Improvement  Fund,"  if  the  cost  and  expense  of  said  work  are 
to  be  assessed  in  whole  or  in  part  upon  property  deemed  to  be 
benefited  thereby.  The  amounts  collected  from  any  and  all 
assessments  for  local  inprovements  paid  for  out  of  such  fund, 
together  with  all  defaults  and  interest  on  the  same,  are  to  be 
paid  into  said  fund. 

It  shall  be  the  duty  of,  and  lawful  for  the  Comptroller,  when 
thereto  authorized  by  the  Board  of  Estimate  and  Apportionment 
to  create  and  issue  such  additional  amounts  of  the  corporate 
stock  of  the  City  of  New  York  as  shall  be  necessary  to  provide 
for  the  cost  and  expense  of  such  work,  or  such  part  thereof  as 
is  to  be  borne  and  paid  by  the  City  of  New  York ;  and  the  pro- 
ceeds of  the  sale  of  such  stock  shall  be  paid  into  the  Street 
Improvement  Fund. 

Municipal  Assembly  ;  further  restrictions. 

Sec.  424.  It  shall  not  be  lawful  for  the  Municipal  Assembly 
to  release  any  contractor  with  the  city  or  with  any  of  the  depart- 
ments, boards,  bureaus  or  officers  thereof,  from  any  fine  or  pen- 
alty incurred  under  his  contract,  save  upon  the  unanimous 
recommendation  of  the  Board  of  Public  Improvements.  And  it 
shall  not  be  lawful  for  the  Municipal  Assembly  to  extend  the 
time  for  the  performance  of  any  such  contract  save  upon  the 
unanimous  recommendation  of  the  Board  of  Public  Improve- 
ments. 
Board  of  Public  Improvements  ;  further  powers. 

Sec.  425.  The  Board  of  Public  Improvements  is  authorized 
and  empowered,  in  its  discretion,  on  the  application,  in  writing, 
of  the  Head  of  the  Fire  Department,  to  grant  the  said  Depart- 
ment location  for  apparatus  houses  in  said  Department  on  any 
of  the  public  property,  streets  or  slips  under  the  control  and 
care  of  one  or  more  of  the  Commissioners  who  constitute  said 
Board  ;  provided  that  the  same  are  so  located  and  constructed  as 
in  the  judgment  of  the  said  Board  will  not  disfigure   or  mar  the 

204 


appearance  of  the  same,  nor  interfere  with  the  purpose  of  travel 
or  public  recreation,  and  if  placed  upon  any  street,  avenue  or 
slip,  which  shall  not  reduce  the  width  of  the  same  between  the 
curbs  for  the  purpose  of  travel  at  the  place  of  such  location  to 
less  than  thirty  feet  on  each  side  of  said  building. 

Board  of  Public  Improvements;  general  powers. 

Sec.  426.  The  said  Board  of  Public  Improvements  shall 
exercise  such  powers  and  perform  such  duties  with  respect  to  the 
whole  territory  embraced  within  The  City  of  New  York,  as  consti- 
tuted by  this  Act,  as  were  heretofore  vested  in  the  Board  of  Street 
Opening  and  Improvements  of  the  corporation  known  as  The 
Mayor,  Aldermen  and  Commonalty  of  The  City  of  New  York, 
with  respect  to  the  territory  included  within  that  municipality, 
except  so  far  as  the  same  have  been  otherwise  specifically  and 
expressly  conferred  by  this  Act.  And  the  said  Board  of  Public 
Improvements  shall  exercise  such  other  powers  and  perform  such 
other  duties  as  are  vested  in  or  cast  upon  it  by  any  of  the  pro- 
visions of  this  Act,  or  that  may  in  accordance  with  the  law  be 
devolved  upon  it  by  the  Municipal  Assembly, 


Title  2. 


THE  MAP  OR   PLAN   OF  THE  CITY  OF  NEW  YORK,   ESTABLISHING 

OF  GRADES,  CHANGES  THEREIN,   MAP  OF  SEWER 

SYSTEM,  AND   SEWER  DISTRICTS. 

The  m.ap  of  the  City  of  New  York. 

Section  432.  The  map  or  plan  of  the  territory  lying  within 
the  Borough  of  Manhattan,  as  heretofore  laid  out,  adopted  and 
established  by  the  municipal  authorities  of  the  corporation  known 
as  The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  and  the  map  or  plan  of  that  part  of  the  territory  lying 
within  the  Borough  of  The  Bronx,  laid  out  by  the  Commissioner 
of  Street  Improvements  of  the  Twenty-third  and  Twenty-fourth 
Wards  pursuant  to  chapter  545  of  the  Laws  of  1890,  and  the  acts 

205 


amendatory  thereof, as  heretofore  duly  laid  out, adopted  and  estab- 
lished by  such  Commissioner,  with  the  concurrence  and  approval 
of  the  Board  of  Street  Opening  and  Improvements  pursuant  to 
law,  and  the  map  or  plan  of  so  much  of  the  territory  laying  within 
the  Borough  of  Brooklyn,  for  which  a  permanent  map  or  plan  has 
been  adopted,  as  heretofore  duly  laid  out,  adopted  and  established 
by  the  proper  municipal  authorities,  and  the  map  or  plan  of  so 
much  of  the  territory  lying  within  the  Borough  of  Queens,  for 
which  a  permanent  map  or  plan  has  been  adopted  by  the  proper 
municipal  authorities  of  Long  Island  City,  as  so  laid  out,  adopted 
and  established,  showing  the  parks,  streets,  bridges  and  tunnels, 
and  approaches  to  bridges  and  tunnels,  as  heretofore  laid  out, 
adopted  and  established  pursuant  to  law,  and  the  maps  and  profiles 
included  in  or  accompanying  the  same,  showing  the  grades  of 
such  streets  duly  fixed,  adopted  and  established,  shall  constitute 
the  map  or  plan  of  the  City  of  New  York  to  the  extent  and  so 
far  as  they  cover  the  territory  lying  within  the  said  city,  and  as 
such  is  hereby  laid  out,  adopted,  established  and  confirmed,  is  to 
be  deemed  final  and  conclusive  with  respect  to  the  location,  width 
and  grades  of  the  streets  shown  thereon,  so  far  as  such  location, 
width  and  grades  have  been  heretofore  duly  adopted,  except  as 
herein  otherwise  provided. 

Map  to  be  completed. 

Sec.  433.  It  shall  be  the  duty  of  the  President  of  the  Board 
of  Public  Improvements,  subject  to  the  limitations  hereinafter 
provided,  to  prepare  a  map  of  so  much  of  the  territory  embraced 
within  the  City  of  New  York,  as  constituted  by  this  Act,  of  which 
a  map  or  plan  has  not  heretofore  been  finally  established  and 
adopted,  as  set  forth  in  section  432  of  this  Act,  locating  and  laying 
out  all  parks,  streets,  bridges,  tunnels,  and  approaches  to  bridges 
and  tunnels,  and  indicating  the  width  and  grades  of  all  such 
streets  so  located  and  laid  out. 

Whenever  and  as  often  as  the  President  of  the  Board  of  Public 
Improvements  shall  have  completed  the  map  of  a  part  of  the  terri- 
tory aforesaid,  he  shall  report  the  same  together  with  the  surveys, 
maps  and  profiles,  showing  the  parks^streets,  bridges,tunnels,  and 
approaches  to  bridges  and  tunnels,  located  and  laid  out  by  him, 

206 


and  the  grades  thereof,  to  the  Board  of  Public  Improvements,  for 
its  concurrence  and  approval,  subject,  nevertheless,  to  such  correc- 
tions or  modifications  as  in  the  judgment  of  the  majority  of  said 
Board  may  be  advisable  ;  and  the  said  Board  thereafter  shall  cause 
such  map  or  plan,  and  such  profiles,  as  finally  adopted  by  it,  to  be 
certified  by  the  President  and  Secretary  of  said  Board,  and  filed  as 
follows :  One  copy  thereof  in  the  ofifice  in  which  conveyances  of 
real  estate  are  required  to  be  recorded  in  the  county  in  which  the 
territory  shown  upon  such  map  is  located ;  one  copy  thereof  in 
the  ofifice  of  the  Corporation  Counsel,  and  one  copy  thereof  in  the 
office  of  the  Board  of  Public  Improvements.  Such  map  and  pro- 
files, when  so  adopted  and  filed,  shall  become  a  part  of  the  map 
or  plan  of  the  City  of  New  York,  and  shall  be  deemed  to  be  final 
and  conclusive  with  respect  to  the  location,  width  and  grades  of 
the  streets  shown  thereon,  and  the  same  shall  not  be  subject  to 
any  further  change  or  modification  except  as  provided  in  section 
436  of  this  Act;  provided,  however,  that  the  Board  of  Public 
Improvements,  within  three  months  after  the  opening  of  a  street, 
shall  have  the  power  to  alter  the  grade  of  such  street,  and  to  alter 
the  grades  of  intersecting  streets,  so  far  as  it  may  be  necessary  to 
conform  the  same  to  the  new  grades  of  the  street  opened. 

President  may  be  required  to  complete  map. 

Sec.  434.  The  Board  of  Public  Improvements,  or  the  Munici- 
pal Assembly,  with  the  approval  of  the  Mayor,  may  at  any  time 
require  the  President  of  the  Board  of  Public  Improvements  to 
complete  the  map  or  plan  of  the  whole  or  of  a  part  of  the  terri- 
tory for  which  the  map  or  plan  shall  not  at  such  time  have  been 
finally  established  and  adopted,  as  specified  in  sections  432  and 
433  of  this  Act,  and  to  report  the  same  to  the  Board  of  Public 
Improvements,  within  a  fixed  and  specified  time. 

Grades  established  by  user. 

Sec.  435.  Whenever  any  street  in  the  City  of  New  York  shall 
have  been  used  as  such  for  upwards  of  twenty  years  without  hav- 
ing the  grade  thereof  established  by  law,  the  level  or  surface  of 
such  street  as  so  used  shall  be  deemed  to  be  and  to  have  been  the 
grade  thereof. 

207 


Authority  to  change  the  map  or  plan  of  the  city  or  to  change 
grades. 

Sec.  436.  The  Board  of  Public  Improvements  is  authorized 
and  empowered,  whenever  and  as  often  as  it  may  deem  it  for  the 
public  interest  so  to  do,  to  initiate  a  change  in  the  map  or  plan 
of  the  City  of  New  York,  so  as  to  lay  out  new  streets,  bridges, 
tunnels,  approaches  to  bridges  and  tunnels  and  parks,  and  to 
widen,  straighten,  extend,  alter  and  close  existing  streets,  and  to 
change  the  grade  of  existing  streets  shown  upon  such  map  or 
plan,  by  publishing  notice  of  its  proposed  action  for  ten  days,  in 
the  "City  Record"  and  the  corporation  newspapers,  and 
giving  an  opportunity  for  all  persons  interested  in  such  change 
to  be  heard,  at  a  time  and  place  to  be  specified  in  such 
notice,  such  time  to  be  not  less  than  ten  days  after  the 
first  publication  of  such  notice.  After  the  due  publication 
of  such  notice,  and  after  hearing  protests  and  objections,  if 
any  there  be,  against  the  proposed  change,  if  the  said  Board  shall 
favor  such  change,  notwithstanding  such  protests  and  objections, 
it  shall  transmit  its  resolution  to  that  effect  to  the  Municipal  As- 
sembly, together  with  the  objections,  if  any,  which  have  been 
made  in  writing,  and  filed  with  it,  and  a  statement  of  its  reasons 
for  such  determination. 

If  both  houses  of  the  Municipal  Assembly  concur  in  such  reso- 
lution passed  by  the  Board  of  Public  Improvements,  by  pass- 
ing an  ordinance  adopting  and  approving  the  same  by  a 
two-thirds  vote,  and  the  same  receives  the  approval  of  the  Mayor, 
such  change  in  the  map  or  plan  of  the  City  of  New  York,  or  in 
the  grade  of  any  street  or  streets  shown  thereon,  shall  be  deemed 
to  have  been  made. 

The  Board  of  Public  Improvements  is  authorized  and  em- 
powered without  the  concurrence  of  the  Municipal  Assembly, 
but  with  the  approval  of  the  Mayor,  to  change  the  grades  of 
bridges,  tunnels,  and  approaches  to  bridges  and  tunnels,  and  the 
location  of  approaches  to  bridges  and  tunnels. 


208 


Maps  of  City  to  be  kept  in  office  of  Corporation  Counsel  and  office 
of  Board  of  Public  Improvements ;  maps  showing  changes 
where  filed. 
Sec.  437.  The  map  or  plan  of  the  City  of  New  York  or  a  certi- 
fied copy  thereof,  showing  the  streets  and  parks  within  The  City 
of  New  York  as  constituted  by  this  Act,  shall  be  kept,  one  copy 
thereof  in  the  office  of  the  Corporation  Counsel  and  one  copy 
thereof  in  the  office  of  the  Board  of  Public  Improvements. 
Whenever  the  map  or  plan  of  the  City  of  New  York,  as 
heretofore  laid  out,  adopted,  established  and  confirmed  by 
this  Act,  or  as  hereafter  laid  out,  adopted  and  established  pur- 
suant to  this  Act,  shall  be  changed,  and  whenever  the  grade  of  any 
street  shown  thereon  shall  be  changed,  the  Board  of  Public 
Improvements  shall  forthwith  cause  the  maps  and  profiles,  show- 
ing such  change  in  the  map  or  plan  of  the  City  of  New  York,  or 
in  the  grade  of  a  street  or  streets  shown  thereon,  to  be  certified 
by  the  Secretary  of  said  Board  and  filed  as  follows :  one  copy 
thereof  in  the  office  in  which  the  conveyances  of  real  estate  are 
required  to  be  recorded  in  the  county  in  which  the  territory 
shown  upon  said  copy  is  located ;  one  copy  thereof  in  the  office 
of  the  Corporation  Counsel,  and  one  copy  thereof  in  the  office 
of  the  Board  of  Public  Improvements. 

Drainage  and  sewer  system,  to  be  completed. 

Sec.  438.  It  shall  be  the  duty  of  the  said  President  of 
the  Board  of  Public  Improvements,  together  with  the  Com- 
missioner of  Sewers,  and  subject  to  the  approval  of  the  Board 
of  Public  Improvements,  to  devise  and  prepare,  so  far  as  the 
same  has  not  already  been  done,  a  plan  for  the  proper  sewerage 
and  drainage  of  the  whole  of  said  city,  for  the  purpose  of 
thoroughly  draining  and  carrying  off  water  and  other  matter 
proper  to  be  carried  off  by  sewers.  The  said  Commissioner  shall, 
so  far  as  the  same  has  not  already  been  done,  and  subject  to  the 
like  approval,  lay  out  the  said  city  into  as  many  sewerage  dis- 
tricts as  he  may  deem  necessary  for  the  aforesaid  purpose,  and 
shall  also  determine  and  show,  on  suitable  maps  or  plans,  the 
location,  course,  size  and  grade  of  each  sewer  and  drain  proposed 
for    each   of   said    districts,    and   the    proposed    alterations    and 

209 


improvements  in  existing  sewers,  and  shall  also  determine  and 
show,  on  said  maps  or  plans,  the  contemplated  depth  of  said 
sewers  and  drains  below  the  present  surface,  and  also  below 
the  established  grades  of  the  streets  and  avenues  in  each  of  said 
districts,  and  such  other  particulars  as  may  be  necessary  for  the 
purpose  of  exhibiting  a  complete  plan  of  the  proposed  sewerage 
therein. 

Drainage  plan  to  be  filed. 

Sec.  439.  Upon  the  completion  of  the  map  or  plan  for  the 
drainage  of  any  sewerage  district  and  its  approval  by  the  Board 
of  Public  Improvements,  such  map  or  plan  shall  be  the  perma- 
nent plan  for  the  secverage  of  such  district;  subject,  however, 
to  such  subsequent  modifications  as  may,  in  the  opinion  of  the 
Commissioner  of  Sewers  and  the  Board  of  Public  Improvements, 
become  necessary  in  consequence  of  alterations  made  in  the  loca- 
tion or  grade  of  any  street  or  part  thereof  in  said  district,  or  for 
other  reasons.  Copies  of  such  complete  map  or  plan  and  of  the 
maps  showing  modifications  therein  shall  be  certified  by  the  Pre- 
sident and  Secretary  of  the  Board  of  Public  Improvements  and 
shall  be  filed  as  follows :  one  copy  thereof  in  the  office  in  which 
conveyances  of  real  estate  are  required  to  be  recorded  in  the 
county  in  which  the  territory  shown  upon  said  map  is  located ; 
one  copy  thereof  in  the  office  of  the  Corporation  Counsel,  and  one 
copy  thereof  in  the  office  of  the  Board  of  Public  Improvements. 

All  sewers  to  be  in  accordance  with  general  plan.  ^ 

Sec.  440.  It  shall  not  be  lawful  hereafter  to  construct  any 
sewer  or  drain  in  the  city  unless  such  sewer  or  drain  shall  be  in 
accordance  with  the  general  plan,  approved  by  the  Board  of 
Public  Improvements  as  aforesaid,  for  the  sewerage  of  the  parti- 
cular district  in  which  such  sewer  or  drain  is  proposed  to  be 
constructed. 

Raising  of  grade  for  drainage. 

Sec.  441.  Whenever  the  Commissioner  of  Sewers  shall  report 
to  the  Board  of  Public  Improvements  that  it  is  necessary  to  raise 
the  grade  of  any  street  or  streets  for  the  proper  sewerage  of  the 

210 


sewer  district  in  which  such  street  or  streets,  or  parts  of  Streets, 
are  situated,  the  said  Board  is  hereby  authorized  and  empowered 
to  change  the  grade  of  such  street  or  streets,  or  parts  of  streets,  so 
far  as  shall  be  necessary  for  the  proper  drainage  thereof. 

Power  to  mark  boundaries  and  to  make  surveys. 

Sec.  442.  The  President  of  the  Board  of  Public  Improve- 
ments shall  have  power  to  mark  any  boundary  line  or  lines  of  the 
Municipal  Corporation  constituted  by  this  Act  and  known  as  The 
City  of  New  York,  as  said  boundary  line  or  lines  is  or  are  deter- 
mined in  and  by  this  Act,  so  as  to  distinguish  and  define  the 
boundaries  of  said  city,  the  boundaries  of  the  Boroughs  thereof, 
and  any  other  boundary  line  or  lines  determined  in  and  by  this 
Act,  by  such  monuments  as  may  be  authorized  by  resolution  of 
the  Board  of  Public  Improvements.  He  shall  upon  the  request 
of  the  Board  of  Public  Improvements,  of  the  Municipal  Assem- 
bly, of  a  Local  Board  of  Commissioners  of  Estimate  or  of  Com- 
missioners of  Estimate  and  Assessments,  furnish  surveys,  dia- 
grams or  other  information  as  may  enable  them  to  fully  discharge 
the  duties  imposed  upon  them  by  this  Act  relative  to  street  and 
park  improvements.  It  shall  be  lawful  for  the  President  of  the 
Board  of  Public  Improvements,  and  all  persons  acting  under  his 
authority,  to  enter  in  the  day  time  into  and  upon  any  lands,  tene- 
ments and  hereditaments  and  waters  which  he  shall  deem  neces- 
sary to  be  surveyed,  used  or  converted  for  the  laying  out,  survey- 
ing and  monumenting  of  parks,  streets,  bridges,  tunnels,  and 
approaches  to  bridges  and  tunnels,  in  The  City  of  New  York,  or 
for  marking  any  boundary  line  or  lines. 

President  to  appoint  surveyor,  appropriations  to  be  made  for  maps 
etc. 

Sec.  443.  The  President  of  the  Board  of  Public  Improve- 
ments shall  have  power  to  appoint  a  surveyor  or  engineer  who 
shall  have  the  custody  of  the  maps  filed  in  the  office  of  the  Board 
of  Public  Improvements  and  to  fix  his  salary  within  the  proper 
appropriation.  There  shall  be  made  in  the  final  estimate  each 
year  such  provisions  or  appropriations  as  may  be  necessary  for 
the  preparation  and  making  of  maps,  plans  and  profiles,  and  for 

211 


the  setting  of  monuments,  and  the  President  of  the  Board  of 
Public  Improvements  shall  be  authorized,  within  the  limits  of 
such  provision  or  appropriation,  to  employ  such  engineers,  survey- 
ors, clerks  and  assistants  as  may  in  his  judgment  be  necessary  for 
any  part  of  such  work. 

Board  may  detail  employees  to  assist  President. 

Sec.  444.  The  Board  of  Public  Improvements  may,  from 
time  to  time,  and  for  so  long  a  time  as  may  be  necessary,  detail 
such  employees  from  any  department  as  they  may  deem  neces- 
sary, to  assist  the  President  of  the  Board  of  Public  Improve- 
ments in  carrying  out  the  duties  imposed  upon  him  by  this  Act. 


Title  3. 


GENERAL  PROVISIONS  RELATING  TO  THE  DEPARTMENTS  OF 
WATER  SUPPLY,  HIGHWAYS,  STREET  CLEANING,  SEWERS, 
PUBLIC  BUILDINGS,  LIGHTING  AND  SUPPLIES,  AND 
BRIDGES. 

Heads  of  departments. 

Section  450.  Each  of  the  Commissioners  hereinafter  pro- 
vided for  in  this  chapter  shall  in  all  respects  administer  his  de- 
partment in  conformity  with  the  ordinances  of  the  Municipal 
Assembly  relating  thereto,  and  each  shall  be  vested  with  the 
sole  executive  power  in  his  department,  and  be  subject  to  the 
laws  of  the  State  and  the  ordinances  of  the  City  for  the  conduct 
and  the  work  of  his  department. 

Bratiches  ;  where  located. 

Sec.  451.  The  main  office  of  each  of  the  departments  herein- 
after mentioned  in  this  chapter  shall  be  located  in  the  Borough 
of  Manhattan,  unless  the  Board  of  Public  Improvements  shall 
otherwise  determine. 

Branch  offices  of   all   or  any  of  said  departments  may  be 

212 


located  within  such  other  of  the  Boroughs  as  may  be 
deemed  advisable  by  the  Commissioner  of  such  department, 
subject,  however,  to  the  approval  of  the  Board  of  Public  Im- 
provements ;  and  it  shall  be  the  duty  of  the  Board  of  Estimate 
and  Apportionment  and  of  the  Municipal  Assembly  to  make 
proper  provision  therefor. 

Deputies. 

Sec.  452.  The  Commissioner  at  the  head  of  each  of  said  de- 
partments may  appoint  one  or  more  Deputy  Commissioners, 
one  of  whom  shall  be  located  at  the  main  office  of  such 
department,  and  there  may  be  a  Deputy  in  each  Borough  in 
which  is  located  a  branch  office  of  such  department,  or  the 
same  Deputy  may  have  charge  of  more  than  one  Borough, 
as  the  Commissioner  appointing  such  Deputy  may  deem 
advisable. 

A  Deputy  Commissioner  located  at  a  branch  office  shall, 
under  the  direction  and  control  of  the  Commissioner  appoint- 
ing him,  have  charge  of  the  office  work  of  his  department  in 
the  Borough  or  Boroughs  for  which  the  office  was  established, 
and  of  the  execution  of  all  work  devolved  upon  his  depart- 
ment therein. 

The  Commissioner  at  the  head  of  each  of  said  departments 
may  designate  one  or  more  of  said  Deputies,  who  shall,  in 
addition  to  his  other  powers,  possess  every  power  and  per- 
form all  and  every  duty  belonging  to  the  office  of  such  Com- 
missioner, so  far  as  specified  in  such  designation,  whenever  so 
empowered  by  such  Commissioner  by  written  authority,  des- 
ignating therein  a  period  of  time,  not  extending  beyond  a 
period  of  three  months  nor  beyond  the  term  of  office  of  such 
Commissioner,  during  which  such  power  and  duty  may  be 
exercised,  and  such  designation  and  authority  shall  be  duly 
filed  in  and  remain  of  record  in  said  department,  but  may 
be  revoked  at  any  time.  A  Deputy  Commissioner  so  desig- 
nated shall  possess  the  like  authority  in  case  of  absence  or 
disability  of  such  Commissioner. 

Engineers. 

Sec.  453.  The  Commissioner  at  the  head  of  each  of  said  de- 
partments, excepting  the  Department  of  Street  Cleaning,  shall 

213 


appoint  a  Chief  Engineer  of  his  department,  with  power  to 
appoint,  remove,  and  detail  a  staff  of  Assistant  Engineers. 
If  the  Commissioner  of  any  department  and  the  Board  of 
Public  Improvements  deem  it  advisable  that  more  than 
one  Chief  Engineer  be  appointed  for  such  department,  such 
Commissioner  shall  appoint  such  additional  Chief  Engineer 
or  Chief  Engineers,  each  with  power  to  appoint  and  remove, 
at  pleasure,  and  detail  a  staff  of  Assistant  Engineers.  All  Chief 
Engineers  and  Assistant  Engineers  appointed  by  them  respec- 
tively, must  be  civil  engineers  of  at  least  ten  years'  experience. 
An  Engineer  located  at  a  branch  office  of  his  department  in 
any  Borough  may  be  appointed  a  Deputy  Commissioner  for 
the  Borough  or  Boroughs  to  which  he  is  assigned.  An  Assist- 
ant Engineer  who  has  been  appointed  a  Deputy  Commissioner 
may  be  designated  as  the  Engineer  for  the  Borough  in  which 
he  acts  as  deputy.  Any  Engineer  may  be  designated  by  such 
title  as  shall  properly  describe  his  principal  duties  in  the  judg- 
ment of  the  head  of  his  department. 

Chief  Engineer  s  duties. 

Sec.  454.  Each  Chief  Engineer  shall  perform  such  duties  as 
may  be  required  of  him  by  this  Act  by  the  Commissioner  at  the 
head  of  his  department  or  by  his  Deputy  in  the  Borough  in 
which  such  Engineer  shall  be  located. 

Consulting  Engineers. 

Sec.  455.  The  Commissioner  of  Water  Supply,  the  Commis- 
sioner of  Highways,  and  the  Commissioner  of  Sewers,  shall  each 
appoint,  without  definite  term,  when  thereto  authorized  by  the 
Board  of  Public  Improvements,  a  Consulting  Engineer  to  their 
respective  departments,  who  shall  be  an  expert  in  all  matters 
relating  to  the  work  performed  by  the  department  in  which  he 
is  appointed  and  who  shall  have  had  at  least  fifteen  years'  exper- 
ience as  a  civil  engineer. 

The  Commissioner  of  Public  Buildings,  Lighting  and  Supplies 
shall  appoint  (each  without  definite  term)  when  thereto  author- 
ized by  the  Board  of  Public  Improvements,  a  Consulting  Engineer 
of  Lighting  and  Electricity  to  his  department,  who  shall  be  an 
expert   in   all   matters  relating  to   lighting  and  electricity,  and 

214 


whose  training  shall  also  have  included  instruction  in  the 
capacity  of  civil  engineer,  and  a  Consulting  Engineer  of  Public 
Buildings  to  his  department,  who  shall  be  an  expert  in  the  mat- 
ter of  construction,  repair  and  maintenance  of  public  buildings, 
and  a  Consulting  Architect  to  his  department,  who  shall  be  an 
architect  of  recognized  scientific  and  artistic  standing  of  not  less 
than  fifteen  years'  experience. 

The  Commissioner  of  Bridges  shall  at  any  time  appoint,  with- 
out definite  term,  when  thereto  authorized  by  the  Board  of 
Public  Improvements,  a  Consulting  Engineer,  who  shall  be  a 
recognized  expert  in  bridge  construction,  and  who  shall  have  had 
not  less  than  fifteen  years'  experience  as  a  civil  engineer. 

Commissioners  ;  powers  to  appoint  and  fix  salaries. 

Sec.  456.  The  Commissioner  at  the  head  of  each  of  said  de- 
partments shall  have  power  to  appoint  such  clerks  and  subordi- 
nates as  may,  in  his  judgment,  be  necessary  in  his  main  oi^ce, 
and  may  fix  and  regulate  their  salaries,  within  the  limits  of  the 
appropriation  duly  made  therefor. 

A  Deputy  Commissioner  in  charge  of  a  branch  office  of  a 
department  shall,  subject  to  the  approval  of  the  head  of  his 
department,  appoint  such  clerks  and  subordinates  of  his  depart- 
ment, in  and  for  his  Borough,  as  may  in  his  judgment  be  neces- 
sary, and  fix  and  regulate  their  salaries,  within  the  limits  of  the 
appropriation  duly  made  therefor. 

Id:  other  duties. 

Sec.  457.  The  Commissioner  at  the  head  of  each  of  said 
departments  shall  prepare  and  execute  all  contracts  author- 
ized by  the  Board  of  Public  Improvements,  or  by  said 
Board  and  the  Municipal  Assembly  for  his  department,  and 
shall  make  and  cause  to  be  made  all  surveys,  maps,  plans, 
estimates  and  drawings  of  all  works  relating  to  his  depart- 
ment, and  shall  preserve  the  same  in  the  main  office  of  the 
department,  and  shall  make  an  annual  report  of  the  business 
and  transactions  of  his  department  to  the  Mayor. 

Id.  :    To  organize  bureaus. 

Sec.  458.  The  C^  )mmissioner  at  the  head  of  each  of  said  de- 

215 


partments  may  organize  such  bureaus  as  he  shall  from  time  to 
time  deem  necessary  to  the  proper  discharge  of  the  duties 
of  his  department ;  he  shall  locate  a  branch  of  each  of  the 
bureaus  so  organized,  in  the  public  hall  or  building  of  the  Bor- 
ough of  Brooklyn,  for  the  discharge  (jf  all  of  the  duties  of  the 
department  devolved  upon  such  bureau  or  bureaus,  so  far  as 
such  duties  pertain  to  the  Borough  of  Brooklyn ;  and  he  may 
from  time  to  time  locate  a  branch  of  any  or  all  bureaus  so  or- 
ganized by  him  in  any  of  the  (jther  Boroughs  of  the  city  for 
the  discharge  of  the  duties  devolved  upon  such  bureau  or 
bureaus,  so  far  as  such  duties  pertain  to  the  Boroughs  wherein 
such  branch  or  branches  may  be  respectively  located. 

Commissioners  :  power  to  appoint,  etc. 

Sec.  459.  If  the  Commissioners  of  two  or  more  departments 
named  in  this  chapter  shall  at  any  time  determine  that 
the  duties  of  the  Chief  Engineer  or  the  Deputy  Commissioner 
in  each  of  said  two  or  more  departments  in  and  for  any  Bor- 
ough can  be  adequately  performed  by  one  and  the  same  per- 
son, then  it  shall  be  lawful  for  said  Commissioners,  each 
acting  in  his  department,  to  appoint  the  same  individ- 
ual as  Chief  Engineer  or  Deputy  Commissioner,  or  both, 
of  such  departments  for  any  of  said  Boroughs ;  such  ap- 
pointment as  Chief  Engineer  may  be  revoked  by  the  proper 
Commi<5sioner  or  Commissioners,  respectively,  as  to  all  but 
one  department,  whenever  the  Board  of  Public  Improvements 
shall  so  authorize ;  and  the  Board  of  Public  Improvements 
shall  also  then  determine  and  decide  for  which  Department 
the  said  person  shall  remain  and  shall  be  Chief  Engineer. 

Transfer  of  employees  from  Borough  to  Borough  and  frjm  depart- 
ment to  department. 

Sec.  460.  Nothing  in  this  Act  contained  shall  be  construed  to 
limit  in  any  way  the  power  of  the  Commissioner  at  the  het^d  of 
any  one  of  the  departments  named  in  this  chapter  to 
transfer  any  employee  or  employees  from  the  office  of  his  de- 
partment located  in  one  Borough  to  the  office  of  his  depart 
ment  in  any  other  Borough. 

It  shall  be  lawful  for  the  Board  of  Public  Improvements 
to   transfer    employees    of    one   of    the    departments    named   in 

216 


this  chapter  to  another  of  said  departments,  provided 
that  in  each  case  the  heads  of  the  departments  affected  shall 
consent  to  and  request  such  transfer. 

Transfer  of  appropriations. 

Sec.  461.  No  appropriation  specifically  appropriated  to  be 
used  in  one  Borough  shall  be  transferred  for  expenditure  in  any 
other  Borough  except  by  the  unanimous  vote  of  the  Board  of 
Estimate  and  Apportionment ;  but  if  any  public  work  within 
the  cognizance  and  control  of  any  one  of  said  Commissioners 
must  be  executed  in  more  than  one  Borough  he  may,  in  his  dis- 
cretion, direct  that  said  work  shall  be  done  through  the 
joint  forces  of  his  department  in  the  Boroughs  affected,  or  he 
may  execute  such  work  with  the  force  of  his  central  office. 

Definition  of  word  *^ street." 

Sec.  462.  Whenever  the  word  "  street,"  or  the  plural  there- 
of, occurs  in  this  chapter,  it  shall  be  deemed  to  include  all  that 
is  included  by  the  term  "  street,  avenue,  road,  alley,  lane,  high- 
way, boulevard,  concourse,  public  square  and  public  place,"  or 
the  plurals  thereof,  respectively. 


Title  4. 

department  of  water  supply. 

Commissioner  of  Water  Supply ;  Appointment ;  Salary. 

Sec.  468  The  Head  of  the  Department  of  Water  Supply 
shall  be  called  the  Commissioner  of  Water  Supply.  He  shall  be 
appointed  by  the  Mayor  and  hold  office  as  provided  in  Chapter 
IV  of  thij  Act.  His  salary  shall  be  seven  thousand  five  hundred 
dollars  a  year. 

Id.:  Jurisdiction. 

Sec.  469.  The  Commissioner  of  Water  Supply  shall  have 
cognizance  and  control : 

(1)     Of  all  structures  and  property  connected  with  the 
supply  and  distribution   of  water  for  public  use,  except 

217 


where  the  same  shall  be  owned  by  private  corporations, 
including  all  fire  and  drinking  hydrants  and  all  water 
meters. 

(2)  Of  maintaining  the  quality  of  the  water  supply, 
and  of  the  investigation  for,  and  the  construction  of  all 
work  necessary  to  deliver  the  proper  and  required  quan- 
tity of  water  with  ample  reserve  for  contingencies  and 
future  demands. 

(3)  Of  the  collection  of  the  revenues  from  the  sale  or 
use  of  water  from  the  public  water  supply. 

(4)  Of  the  enforcing  of  the  regulations  concerning  the 
use  of  water,  and  of  recommending  to  the  Board  of  Public 
Improvements  proposed  ordinances  relating  to  any  of  the 
matters  within  the  province  of  his  department. 

Id.:  Power  when  more  than  o?ie  Borough  involved. 

Sec.  470.  If  any  of  the  public  work  within  the  cognizance 
and  control  of  the  said  Commissioner  of  Water  Supply  must  be 
executed  entirely  outside  of  the  city  limits,  he  may  direct 
that  such  work  be  done  by  any  of  his  force  of  any  Borough 
as  may  seem  to  him  most  advantageous. 

Id.:  Restriction  on  power  to  contract. 

Sec.  471.  It  shall  not  be  lawful  for  the  Commissioner  of  Water 
Supply  to  enter  into  any  contract  whatever  with  any  person  or  cor- 
poration engaged  in  the  business  of  supplying  or  selling  water  for 
private  or  public  use  and  consumption,  unless,  preliminary  to  the 
execution  of  the  contract,  the  assent  of  the  Board  of  Public  Im- 
provements after  submission  to  it  of  the  proposed  contract  in  all 
its  details,  shall  be  given  by  resolution  to  the  execution  of 
such  contract  as  submitted,  and  it  shall  not  be  lawful  for  the  said 
City  of  New  York  or  for  any  department  thereof,  to  make  any 
contract  touching  or  concerning  the  public  water  supply,  and 
especially  the  increase  thereof,  with  any  person  or  corporation 
whatsoe^ver,  save  in  accordance  with  the  provisions  and  require- 

218 


ments  of  this  Act,  which  said  provisions  and  requirements  are  here- 
by declared  to  estabHsh  the  exclusive  rule  for  the  making  of  such 
contracts. 

Id. :  Power  to  determine  source  of  water  supply,  condemnation  pro- 
ceedings, etc. 

Sec.  472.  The  Commissioner  of  Water  Supply,  with  the 
approval  of  the  Board  of  Public  Improvements,  shall  have 
power  throughout  the  State  of  New  York  to  select  and  to  de- 
termine all  sources  of  water  supply  that  may  be  needed  for  the 
supply  of  the  public  water  works  of  said  city,  and  for  the  supply 
and  distribution  of  water  in  said  city.  Any  sources  of  water  so 
selected  and  determined  by  him  shall  be  deemed  necessary  for 
the  public  use  of  The  City  of  New  York,  and  thereupon,  with  the 
approval  of  the  Board  of  Public  Improvements  and  of  the  Board 
of  Estimate  and  Apportionment,  together  with  the  authority  of 
the  Municipal  Assembly  expressed  by  its  resolution  or  ordinance, 
it  shall  be  lawful  for  the  City  of  New  York  to  acquire  by  condemna- 
tion any  real  estate  or  any  interest  therein  that  may  be  necessary  in 
order  to  acquire  the  sole  and  exclusive  property  in  such  source  or 
sources  of  water  supply,  and  to  wholly  extinguish  the  water  rights 
of  any  other  person  or  corporation  therein,  with  the  right  to  lay,  re- 
lay, repair  and  maintain  conduits  and  water  pipes  with  the  connec- 
tions and  fixtures  on  the  lands  of  others,  the  right  to  intercept 
and  to  direct  the  flow  of  waters  from  the  lands  of  riparian  own- 
ers, and  from  persons  owning  or  interested  in  any  water,  and 
the  right  to  prevent  the  flow  or  drainage  of  noxious  or  impure 
matters  from  the  lands  of  others  into  its  reservoirs  or  sources  of 
supply,  provided  that  he  shall  not  have  power  to  acquire  or 
to  extinguish  the  property  rights  of  any  person  or  corpora- 
tion in  or  to  any  water  rights  that,  at  the  time  of  the  initia- 
tion of  proceedings  for  condemnation,  were  in  whole  or  in  part 
devoted  to  the  supply  of  the  water  works  of  the  people  of  any 
other  city,  town  or  village  of  the  state,  or  to  the  supply  and 
distribution  of  water  to  the  people  thereof,  or  to  take  or  use 
the  water  from  any  of  the  canals  of  the  state,  any  canal  reservoirs, 
or  waters  used  exclusively  as  feeders  for  canals,  or  from  any  of 
the  streams  acquired  by  the  state  for  supplying  the  canals  with 

219 


water.  It  shall  be  the  duty  of  the  Corporation  Counsel  to  take 
the  necessary  legal  proceedings,  as  provided  in  this  Act,  for 
such  improvement,  upon  the  request  in  writing  of  the  said 
Commissioner  of  Water  Supply,  In  the  ascertainment  of 
the  compensation  for  any  property  or  property  rights  so 
acquired,  such  compensation  shall  be  based  upon  the  actual 
values  of  the  property  or  the  interest  acquired  therein  at 
the  time  of  its  taking,  and  there  shall  not  be  taken  into 
consideration  any  prospective  or  speculative  value,  based  upon 
the  possible,  probable  or  actual  future  use  of  such  property,  or 
property  rights,  if  the  same  had  not  been  acquired  by  the  said 
city  of  New  York  for  the  public  use. 

The  Commissioner  of  Water  Supply  is  hereby  authorized 
to  examine  into  the  sources  of  water  supply  of  any  private  com- 
panies supplying  The  City  of  New  York  or  any  portion  thereof 
or  its  inhabitants  with  water,  to  see  that  the  same  is  wholesome 
and  the  supply  is  adequate,  and  to  establish  such  rules  and  regu- 
lations in  respect  thereof  as  are  reasonable  and  necessary  for  the 
convenience  of  the  public  and  the  citizens ;  and  the  Board  of  Pub- 
lic Improvements  may  exercise  superintendence,  regulation  and 
control  in  respect  of  the  supply  of  water  by  such  water  compan- 
ies, including  rates,  fares  and  charges  to  be  made  therefor,  except 
that  such  rates,  fares  and  charges,  shall  not,  without  the 
consent  of  the  grantee,  be  reduced  by  the  Board  of  Public  Im- 
provements beyond  what  is  just  and  reasonable ;  and  in  case  of 
a  controversy,  the  question  of  what  is  just  and  reasonable  shall 
be  finally  determined  as  a  judicial  question  on  its  merits  by  a 
court  of  competent  jurisdiction. 

Municipal  Assembly;  power  to  fix  rents,  etc.,  for  ivater  supply. 

Sec.  473.  The  Municipal  Assembly  shall  hereafter  have  all 
power,  on  recommendation  of  the  Board  of  Public  Improvements, 
to  fix  and  to  establish  a  uniform  scale  of  rents,  and  charges  for  sup- 
plying water  by  The  City  of  New  York  which  shall  be  apportioned 
to  dififerent  classes  of  buildings  in  said  city  in  reference  to  their 
dimensions,  values,  exposures  to  fires,  ordinary  uses  for  dwell- 
ings, stores,  shops,  private  stables  and  other  common  purposes, 
number  of  familes  or  occupants,   or   consumption  of   water,   as 

220 


near  as  may  be  practicable,  and  modify,  alter,  amend  and  in- 
crease such  scale  from  time  to  time,  and  to  extend  it  to  other 
descriptions  of  buildings  and  establishments.  All  extra  charges 
for  water  shall  be  deemed  to  be  included  in  the  regular  rents, 
which  shall  become  a  charge  and  lien  upon  the  buildings  upon 
which  they  are  respectively  imposed,  and  if  not  paid,  shall  be 
returned  as  arrears  to  the  Collector  of  Assessments  and 
Arrears.  Such  regular  rents,  including  the  extra  charges 
above  mentioned,  shall  be  collected  from  the  owners  or 
occupants  of  all  such  buildings,  respectively,  which  shall 
be  situated  upon  lots  adjoining  any  street  or  avenue  in 
said  city  in  which  the  distributing  water  pipes  are  or  may  be 
laid,  and  from  which  they  can  be  supplied  with  water.  Said 
rents,  including  the  extra  charges  aforesaid,  shall  become  a 
charge  and  lien  upon  such  houses  and  lots,  respectively,  as  here- 
in provided,  but  no  charge  whatever,  shall  be  made  against  any 
building  in  which  a  water  meter  may  have  been,  or  shall  be 
placed  as  provided  in  this  Act.  In  all  such  cases  the  charge  for 
water  shall  be  determined  only  by  the  quantity  of  water  actually 
used  as  shown  by  said  meters. 

Commissioner,  power  to  contract  for  water  supply  for  the  Twenty' 
fourth  Ward;  duty  in  relation  to. 

Sec.  474.  The  Commissioner  of  Water  Supply  is  authorized, 
on  behalf  of  The  City  of  New  York,  with  the  preliminary  consent 
of  the  Board  of  Public  Improvements  and  of  the  Board  of  Estimate 
and  Apportionment,  to  contract  from  time  to  time  with  the 
City  of  Yonkers,  or  the  Board  of  Water  Commissioners  of 
the  City  of  Yonkers,  for  a  supply  of  wholesome  water  for  the 
Twenty-fourth  ward  and  other  parts  of  the  Borough  of  The 
Bronx,  from  the  water  works,  or  water  belonging  to  them  or 
under  their  charge  and  control,  for  such  time,  in  such  quantities, 
and  at  such  places  as  may  be  agreed  upon  by  them.  The  said 
Commissioner  of  Water  Supply  is  authorized  and  directed  to  pro- 
cure, purchase  and  lay,  provide  and  make  ready  for  use,  from 
time  to  time,  so  many  mains  and  pipes  and  other  means  and 
appliances,  and  erect  so  many  hydrants  as  may  be  necessary  and 
sufficient  to  distribute  and  supply  the  water  so  procured    under 

221 


contract  with  the  City  of  Yonkers  to  and  through  said  Twenty- 
fourth  ward,  or  such  part  of  it  as  may  require  or  be  in  need  of 
the  same,  and  which  cannot  be,  or  in  his  judgment  ought  not  to 
be  supplied  from  the  Croton  Water  Works,  and  to  purchase,  pro- 
vide, do,  and  perform  all  things  necessary  or  proper  to  enable 
the  said  Twenty-fourth  ward,  or  said  part,  and  the  inhabitants 
thereof,  to  obtain  and  have  an  abundant  supply  of  water  at  all 
times,  and  for  such  purpose,  in  case  of  necessity  or  convenience, 
to  arrange  and  agree  with  the  owner  of  lands  in  said  ward  for 
an  irrevocable  license  or  permission  to  enter  upon,  lay,  repair, 
keep  in  order,  protect,  and  maintain  mains,  pipes,  conduits  and 
hydrants  in,  through  and  upon  said  lands.  The  Municipal 
Assembly  is  authorized  to  fix,  and  from  time  to  time  to  alter,  on 
the  recommendation  of  the  Board  of  Public  Improvements, 
special  rates  or  charges  for  water  supplied  to  any  house  or 
building,  or  to  any  other  erection  or  structure,  in  said  Twenty- 
fourth  ward,  including  washers  and  hydrants,  and  to  make  such 
arrangements  and  rules  as  may  be  proper  to  ascertain  the 
quantity  of  water  used  therein,  or  by  means  thereof,  and 
such  rates  and  charges  shall  be  a  lien  until  paid  upon  the  lands 
upon  which  such  house,  building,  or  other  erection  or  structure 
may  stand  or  be  situated,  and  shall  be  collectable  at  the  same 
time  and  in  the  same  manner,  including  sales  for  unpaid  taxes, 
as  the  ordinary  tax  imposed  on  the  same  lands. 

Meters. 

Sec.  475.  The  Commissioner  of  Water  Supply  is  author- 
ized, in  his  discretion,  to  cause  water  meters,  the  pattern  and 
price  of  which  shall  be  approved  by  the  Board  of  Public 
Improvements,  to  be  placed  in  all  stores,  workshops,  hotels, 
manufactories,  office  buildings,  public  edifices,  at  wharves, 
ferry-houses,  stables,  and  in  all  places  in  which  water  is 
furnished  for  business  consumption,  so  that  all  water  so 
furnished  therein  or  thereat  may  be  measured  and  known 
by  the  said  department,  and  for  the  purpose  of  ascertain- 
ing the  ratable  portion  which  consumers  of  water  should  pay 
for  the  water  therein  or  thereat  received  and  used.  There- 
after,   as   shall   be    determined    by  the  Commissioner  of  Water 

222 


Supply,  the  said  Department  shall  make  out  all  bills  and  charges 
for  water  furnished  by  them  to  each  and  every  consumer  as 
aforesaid,  to  whose  consumption  a  meter  as  aforesaid  is  affixed 
in  ratable  proportion  to  the  water  consumed,  as  ascertained  by 
the  meter  on  his  or  her  premises  or  places  occupied  or  used  as 
aforesaid.  All  expenses  of  meters,  their  connections  and  set- 
ting, water-rates  and  other  lawful  charges  for  the  supply  of 
water  shall  be  a  lien  upon  the  premises  where  such  water  is  sup- 
plied as  now  provided  by  law.  Nothing  herein  contained  shall 
be  construed  so  as  to  remit  or  prevent  the  due  collection  of 
arrearages  or  charges  for  water  consumption  heretofore  incurred, 
nor  interfere  with  the  proper  liens  therefor,  nor  of  charges,  or 
rates,  or  liens  hereafter  to  be  incurred  for  water  consumption  in 
any  dwelling  house,  building,  or  place  which  may  not  contain 
one  of  the  meters  aforesaid.  The  moneys  collected  for  expen- 
ses of  meters,  their  connections  and  settings,  shall  bs  applied  by 
the  Commissioner  of  Water  Supply  to  the  payment  of  expenses 
incurred  in  procuring,  connecting  and  setting  said  meters. 

Additional  charge  for  non-payment  of  rents. 

Sec.  476.  The  annual  rents  which  are  not  paid  to  the  De- 
partment of  Water  Supply  before  the  first  day  of  August  in  each 
year  shall  be  subject  to  an  additional  charge  of  five  per  cent., 
and  those  rates  not  paid  before  the  first  day  of  November  in 
each  year  shall  be  subject  to  a  further  additional  charge  of  ten 
per  cent. 

No  valve,  etc.  to  be  used  with  royalty. 

Sec.  477.  No  patent  hydrant,  valve  or  stopcock  shall  be 
used  by  the  Department  of  Water  Supply  unless  the  patentee 
or  owner  of  said  patent  shall  allow  the  use  of  the  patent  by 
said  Department  without  royalty. 

• 
Printed  notice  of  rules  and  regulations. 

Sec.  478.  The  rules  and  restrictions  for  the  use  of  the 
water  printed  on  each  permit  shall  be  notice  to  the  water 
takers,  and  shall  authorize  the  exaction  and  recovery  by  process 

223 


of  law  of  any  penalties  which  may  be  imposed  in  addition  to 
cutting  off  the  use  of  the  water  for  any  violations  of  the 
rules,  and  this  section  shall  be  printed  on  such  permits. 

Commissioners,    duty  in   regard  to  sources  of  water  supply  and 
property  of  Department. 

Sec.  479.  The  Commissioner  of  Water  Supply  is  charged 
with  the  preservation  of  all  lakes  and  all  waters  from  which  a 
water  supply  is  drawn  by  the  city,  with  the  preservation  of  the 
banks  of  and  of  any  river  or  other  body  of  water  from  which  the 
water  supply  is  drawn,  from  injury  or  nuisance,  and  with  the 
execution  of  such  measures  as  may  be  necessary  to  preserve 
and  increase  the  quantity  of  water  and  keep  it  pure  and  whole- 
some and  free  from  contamination  and  pollution,  with  the 
management,  preservation  and  repairs  of  the  dams,  gates, 
aqueducts,  bridges,  water  towers,  reservoirs,  mains,  pipes, 
pipeyard,  and  property  of  every  description  belonging  to  the 
water  works,  and  shall  have  the  construction  of  such  new  works 
and  the  purchase  and  laying  down  of  such  mains  and  pipes  as  may 
be  authorized  in  accordance  with  law.  The  Department  of  Water 
Supply  shall  be  responsible  for  the  supply  of  water  and  the  good 
order  and  security  of  all  the  water  works,  for  the  exactness  and 
durability  of  the  structures  which  may  be  erected,  and  for  the 
daily  work  to  be  performed  and  for  the  sufficiency  of  the  supply 
in  the  pipeyards  to  meet  every  casualty,  and  for  the  fidelity, 
care,  and  attention  of  all  persons  employed  by  the  department  in 
watching  the  works,  and  in  making  constructions  and  repairs. 

Assessment  on  lands  used  as  reservoirs,  etc. 

Sec,  480.  The  lands  heretofore  taken  or  to  be  taken  for 
storage,  reservoirs,  or  for  other  constructions  necessary  for  the 
introduction  and  maintenance  of  a  sufficient  supply  of  water 
in  the  City,  or  for  the  purpose  of  preventing  contamination 
or  pollution,  shall  be  assessed  and  taxed  in  the  Counties  in  which 
they  are  or  may  be  located,  in  the  manner  prescribed  by  law,  at 
the  value  of  the  lands,  exclusive  of  the  aqueducts,  and  the  con- 
struction and  works  necessary  for  its  purposes,  provided  that  the 

224 


assessed  value  of  the  said  lands  shall   not   exceed   the  assessed 
value  of  the  lands  in  the  immediate  neighborhood  thereof. 

Certain  acts  misdemeanors. 

Sec.  481.  It  shall  not  be  lawful  for  any  person  to  throw  or 
deposit,  or  cause  to  be  thrown  or  deposited  in  any  lake,  pond  or 
stream,  or  in  any  aqueduct  from  or  through  which  any  part  of 
the  water  supply  of  The  City  of  New  York  shall  be  drawn,  or 
either  of  the  reservoirs,  any  dead  animal  or  other  offensive  mat- 
ter, or  anything  whatever.  Any  person  offending  against  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by 
a  fine  or  imprisonment,  or  both,  in  the  discretion  of  the  Court. 
Such  fine  not  to  exceed  the  sum  of  one  hundred  dollars,  arid 
such  imprisonment  not  to  exceed  a  period  of  three  months.  Such 
imprisonment  to  be  in  the  jail  of  the  county  in  which  the  offense 
shall  have  been  committed. 

Id. :   Continued. 

Sec.  482.  If  any  person  shall  wilfully  do  or  cause  to  be 
done  any  act  whereby  any  work,  materials,  or  property  whatever, 
erected  or  used  or  hereafter  to  be  erected  or  used  within  the  City 
or  elsewhere,  by  the  said  city,  or  by  any  person  acting  under 
their  authority,  for  the  purpose  of  procuring  or  keeping  a  supply 
of  water,  shall  in  any  manner  be  injured  or  shall  erect  or  place 
any  nuisance  on  the  banks  of  any  river,  lake  or  stream  from 
which  the  water  supply  of  said  city  shall  be  drawn,  or  shall  throw 
anything  into  the  aqueduct,  or  into  any  reservoir  or  pipe,  such 
person,  on  conviction  thereof,  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

Duty  of  Commissioner  of  Water  Supply. 

Sec.  483.  The  Commissioner  of  Water  Supply  is  hereby 
authorized,  empowered  and  directed  to  carry  out  the  provisions 
of  this  Act,  in  the  manner  hereinafter  provided,  for  the  purpose 
of  maintaining,  preserving  and  increasing  the  supply  of  pure  and 
wholesome  water  for  the  use  of  the  City,  and  for  the  purpose  of 
preventing  or  removing  contamination  or  pollution  of  any  supply 

225 


or  source  or  sources  of  supply  of  water  heretofore  acquired  by 
or  on  behalf  of  said  city,  and  for  the  purpose  of  preventing  the 
contamination  or  pollution  of  any  river,  water  course,  lake, 
pond,  stream  or  reservoir  hereafter  acquired  for  the  purpose  of 
supplying  said  city  with  water. 

To  take  proceedings  to  acquire  title. 

Sec.  484.  In  all  cases  where  the  Commissioner  of  Water 
Supply  shall  hereafter  enter  upon,  acquire,  take  or  use,  or  shall 
deem  it  necessary  to  enter  upon,  acquire,  take  or  use  any  "  real 
estate,"  as  the  term  real  estate  is  defined  by  this  Act,  for  the 
purpose  of  maintaining,  preserving  or  increasing  the  supply  of 
pure  and  wholesome  water  for  the  use  of  said  city,  or  for  the  pur- 
pose of  preventing  the  contamination  or  pollution  of  the  same, 
as  hereinbefore  set  forth,  the  said  Commissioner  is  authorized, 
for  and  in  behalf,  and  in  the  name  of  The  City  of  New  York, 
in  the  manner  hereinafter  prescribed,  to  acquire  all  rights, 
titles  and  interests  in  and  to  such  real  estate,  by  whomsoever 
the  same  may  be  held,  enjoyed  or  claimed,  and  to  pay  for  and 
extinguish  all  claims  or  damages  on  account  of  such  rights, 
titles  or  interests,  or  growing  out  of  such  taking  or  using. 

Definition  of  '■^Real  Estate." 

Sec.  485.  The  term  "real  estate"  as  used  in  this  Act  shall  be 
construed  to  signify  and  embrace  all  uplands,  lands  under  water,  the 
water  of  any  lake,  pond  or  stream,  all  water  rights  or  privileges,  and 
any  and  all  easements  and  hereditaments,  corporeal  or  incorpo- 
real, and  every  estate,  interest  and  right,  legal  and  equitable,  in 
lands  or  water,  or  any  privilege  or  easement  thereunder,  includ- 
ing terms  for  years,  and  liens  thereon  by  way  of  judgment, 
mortgages  or  otherwise,  and  also  all  claims  for  damage  to  such 
real  estate.  It  shall  also  be  construed  to  include  all  real  estate 
(as  the  term  is  above  defined)  heretofore  or  hereafter  acquired  or 
used  for  railroad,  highway  or  other  public  purpose,  providing 
the  persons  or  corporations  owning  such  real  estate,  or  claiming 
interests  therein,  shall  be  allowed  the  perpetual  use,  for  such 
purposes,  of  the  same  or  of  such  other  real  estate  to  be  acquired 
for  the  purposes  of  this  Act  as  will  afford  practicable  route  or 

226 


location  for  such  railroad,  highway  or  other  public  purpose,  and 
in  the  case  of  a  railroad  commensurate  with  and  adapted  to  its 
needs;  and  provided,  also,  that  such  persons  or  corporations 
shall,  not,  directly  or  indirectly,  be  subject  to  expense,  loss  or 
damage  by  reason  of  changing  such  route  or  location,  but  that 
such  expense,  loss  or  damage  shall  be  borne  by  the  City.  In 
case  any  real  estate  so  acquired  or  used  for  public  purposes  is 
sought  to  be  taken  or  affected  for  the  purposes  of  this  Act,  there 
shall  be  designated  upon  the  maps  referred  to  in  this  Act,  and 
there  shall  be  described  in  the  petition  referred  to,  such  portion 
of  the  other  real  estate  shown  on  said  maps  and  described  in 
said  petition  as  it  is  proposed  to  substitute  in  place  of  the  real 
estate  then  used  for  such  railroad,  highway  or  other  public  pur- 
poses. The  Supreme  Court,  at  the  Special  Term  to  which  said 
petition  is  presented,  or  at  such  other  Special  Term  as  the  con- 
sideration thereof  may  be  noticed  or  adjourned  to,  shall  either 
approve  the  substituted  route  or  place  or  refer  the  same  back  to 
the  said  Commissioner  for  alteration  or  amendment,  and  may 
refer  the  same  back,  with  such  directions  or  suggestions  as  the 
said  Court  may  deem  advisable,  and  as  often  as  necessary,  and 
until  the  said  Commissioner  shall  determine  such  substituted 
route  or  place  as  may  be  approved  by  the  Court ;  an  appeal  from 
any  order  made  by  said  Court  at  Special  Term,  under  the 
provisions  of  this  section,  may  be  taken  by  any  person  or  cor- 
poration interested  in  and  aggrieved  thereby,  to  the  Appellate 
Division  of  the  Judicial  Department  in  which  the  real  estate  is 
situated,  and  shall  be  heard  as  a  non-enumerated  motion.  The 
Commissioners  of  Appraisal  herein  referred  to,  in  determining  the 
compensation  to  be  made  to  the  persons  or  corporations  owning 
such  real  estate,  or  claiming  interest  therein,  shall  include  in 
the  amount  of  such  compensation  such  sum^as  shall  be  sufficient 
to  defray  the  expenses  of  making  such  change  of  route  and  loca- 
tion and  of  building  said  railroad  or  highway.  The  said  Com- 
missioners of  Appraisal  shall  suggest  in  their  report,  and  the 
Court,  in  the  order  confirming  such  report,  shall  determine,  sub- 
ject to  review  by  the  said  Appellate  Division,  what  reasonable 
time  after  payment  of  the  awards  to  said  persons  or  corporations 
shall  be  sufficient  within  which  to  complete  the  work  of  making 

227 


such  change,  and  the  said  City  of  New  York  or  the  Commis- 
sioner of  Water  Supply  thereof  shall  not  be  entitled  to  take 
possession  or  interfere  with  the  use,  for  the  aforesaid  purposes, 
of  such  real  estate,  before  the  expiration  of  such  time.  This 
time  may  be  subsequently  extended  by  the  Court  (subject  to 
review  as  aforesaid)  upon  sufficient  cause  shown.  After  the 
expiration  of  the  time  so  determined  or  extended  no  use  shall 
be  made  of  said  real  estate  which  shall  cause  pollution  to  the 
water  in  said  reservoir,  or  the  construction  of  said  reservoir,  or 
interfere  with  its  flow. 

Commissioner  to  prepare  maps. 

Sec.  486.  Whenever  in  the  opinion  of  said  Commissioner  it 
is  necessary  to  acquire  any  such  real  estate  (as  the  term  "real 
estate"  is  herein  defined)  for  any  of  the  purposes  hereinbefore 
set  forth,  or  for  the  purpose  of  extinguishing  any  right,  title  or 
interest  thereto  or  therein,  the  said  Commissioner,  for  and  on 
behalf  of  the  City  of  New  York,  shall  prepare  a  map  or  maps  of 
the  real  estate  which  in  his  opinion  it  is  necessary  to  acquire  for 
the  purposes  hereinbefore  set  forth,  and  shall  submit  the  same 
to  the  Board  of  Public  Improvements  for  approval.  The  said 
Board  may  adopt,  modify  or  reject  such  maps  in  whole  or  in  part, 
and  may  require  others  to  be  made  instead  thereof.  A  copy  of  the 
map  or  maps  so  prepared,  with  a  certificate  of  the  adoption  there- 
of, signed  by  the  Commissioner  and  the  President  of  the  Board 
of  Public  Improvements,  shall  be  filed  in  the  office  of  said  Com- 
missioner and  be  open  to  public  inspection,  and  shall  be  the  map 
or  maps  of  the  real  estate  to  be  acquired,  subject  to  such  changes 
or  modifications  as  the  said  Commissioner  may  from  time  to  time 
deem  necessary  for  the  more  efficient  carrying  out  of  the  provi- 
sions of  this  act.  And  the  said  Board  of  Public  Improvements, 
prior  to  the  final  adoption  of  such  map  or  maps,  shall  afford  to 
all  persons  interested  a  full  opportunity  to  be  heard  respecting 
such  map  or  maps  and  the  acquisition  of  the  real  estate  shown 
thereon,  and  shall  give  public  notice  of  such  hearing,  by  publish- 
ing a  notice,  once  in  each  week,  for  three  successive  weeks  in  the 
"City  Record,"  and  the  corporation  newspapers,  and  in  two 
papers  published  in  the   County  or  Counties  in  which  the  real 

228 


estate  to  be  acquired  or  affected  is  situated,  and  in  two  daily- 
papers  in  the  City  of  New  York.  At  such  hearing  or  hearings 
testimony  may  be  produced  by  the  parties  appearing  before  him, 
in  such  manner  as  said  Board  may  determine,  and  the  President 
of  said  Board  is  hereby  authorized  to  administer  oaths  and  issue 
subpoenas  in  any  such  proceeding  pending  before  him. 

Power  to  enter  upon  lands  for  the  purpose  of  making  maps. 

Sec.  487.  The  said  Commissioner,  his  agents,  engineers, 
surveyors,  and  such  other  persons  as  may  be  necessary  to  ena- 
ble him  to  perform  his  duties  under  this  Act,  are  hereby  author- 
ized to  enter  upon  real  estate,  as  the  term  real  estate  is  defined 
in  this  Act,  and  any  land  or  water  on  or  contiguous  to  the  line, 
course,  site  or  track  of  any  pond,  lake,  stream,  reservoir,  dam, 
aqueduct,  culverts,  sluices,  canals,  bridges,  tunnels,  pumping 
works,  blow-offs,  shafts  and  other  appurtenances,  for  the  purpose 
of  making  surveys  or  examinations  and  preparing  and  posting 
the  notices  required  by  this  Act. 

Details  of  maps. 

Sec,  488.  After  the  final  adoption  of  said  map  or  maps  the 
said  Commissioner  shall  prepare  six  similar  maps  or  plans  of  the 
proposed  site  of  any  dam,  reservoir,  acqueduct,  sluice  culvert, 
canal,  pumping  works,  bridges,  tunnels,  blow-offs,  ventilating 
shafts,  and  other  necessary  appurtenances  for  the  proper  com- 
pletion of  the  work  so  proposed  by  him.  Upon  these  maps  there 
shall  be  laid  out  and  numbered  the  various  parcels  of  real  estate, 
on,  over  or  through  which  the  same  are  to  be  constructed  and 
maintained,  or  which  may  be  necessary  for  the  prosecution  of 
the  work  authorized  by  this  Act.  On  said  maps  the  natural  and 
artificial  division  lines  existing  on  the  surface  of  the  soil  at  the 
time  of  the  survey  shall  be  delineated,  and  there  shall  be  plainly 
indicated  thereon  of  which  parcels  the  fee  or  other  interest  is  to 
be  acquired.  The  said  maps  may  be  made  and  filed  in  sections. 
One  or  more  sections  may  be  determined  before  the  maps  of  the 
whole  construction  are  completed.  The  proceedings  hereinafter 
authorized  may,  in  like  manner  be  taken  separately,  in  reference 

229 


to  one  or  more  of  such  sections,  before  the  maps  of  the  whole 
are  filed.  The  work  upon  one  or  more  of  such  sections  may  be 
begun  before  the  maps  of  the  remaining  sections  are  filed.  The 
map  or  maps  when  adopted  by  the  said  Commissioner  and  Board 
of  Public  Improvements  shall  be  by  said  Commissioner  trans- 
mitted to  the  Corporation  Counsel,  with  a  certificate  of  ap 
proval  written  thereon  and  signed  by  the  said  Commissioner 
and  the  President  of  the  Board  of   Public  Improvements. 

Maps  to  be  filed. 

Sec.  489.  The  Corporation  Counsel  shall  cause  one  of  said 
maps  to  be  filed  in  the  office  of  the  Clerk  of  each  County  in 
which  any  real  estate  laid  out  on  said  maps  shall  be  located, 
except  that  in  any  County  in  which  there  may  be  a  Register's 
office,  the  said  map  shall  be  filed  therein,  instead  of  with  the 
County  Clerk.  The  fourth,  fifth  and  sixth  maps  shall  be  dis- 
posed of  in  the  manner  indicated  in  section  495  of  this  Act. 

Corporation  Counsel  to  conduct  proceedings. 

Sec.  490.  After  the  said  maps  shall  have  been  filed,  as  pro- 
vided for  in  the  last  section,  the  Corporation  Counsel  for 
and  on  behalf  of  the  City  of  New  York,  shall,  upon  first 
giving  the  notice  required  in  the  next  section  of  this  Title 
apply  to  the  Supreme  Court,  at  a  Special  Term  thereof  to  be 
held  in  the  judicial  district  in  which  the  real  estate  to  be 
acquired  or  affected  is  situated,  for  the  appointment  of  Commis- 
sioners of  Appraisal.  Upon  such  application  he  shall  present  to 
the  Court  a  petition,  signed  and  verified  by  the  said  Commis- 
sioner, according  to  the  practice  of  said  Court,  setting  forth  the 
action  theretofore  taken  by  said  Commissioner  and  Board  of 
Public  Improvement,  and  the  filing  of  said  map  and  praying  for 
the  appointment  of  such  Commissioners.  Such  petition  shall 
contain  a  general  description  of  all  the  real  estate  to,  in,  or  over 
which  any  title,  interest,  right  or  easement  is  sought  to  be 
acquired  for  the  said  City  for  the  purposes  of  this  Act,  each  par- 
cel being  more  particularly  described  by  a  reference  to  the 
number  of   said  parcel,  as  given   on   said  map ;    and  the  title, 

230 


interest  or  easement  sought  to  be  acquired  to,  in,  or  over  such 
parcel,  whether  a  fee  or  otherwise,  shall  be  stated  in  the 
petition. 

Notice  to  be  given. 

Sec.  491.  The  Corporation  Counsel  shall  give  notice  in  the 
"City  Record,"  and  corporation  newspapers,  and  in  two  public 
newspapers  published  in  the  City  of  New  York,  and  in  two  public 
newspapers  published  in  each  other  County  in  which  any  real 
estate  laid  out  on  said  maps  may  be  located,  of  his  intention 
to  make  application  to  the  said  Court  for  the  appointment 
of  such  Commissioners  of  Appraisal,  which  notice  shall  specify 
the  time  and  place  of  such  application,  shall  briefly  state 
the  object  of  the  application,  and  shall  describe  the  real 
estate  sought  to  be  taken  or  affected.  A  statement  of  the 
boundaries  of  the  real  estate  to  be  acquired  or  affected, 
with  separate  enumerations  of  the  numbers  of  the  parcels 
to  be  taken,  in  fee,  and  of  the  numbers  of  the  parcels  in 
which  any  interest  or  easement  is  to  be  acquired,  with  a  reference 
to  the  date  and  place  of  filing  the  said  map  shall  be  sufificient 
description  of  the  real  estate  sought  to  be  so  taken  or  situated. 
Such  notice  shall  be  so  published,  once  in  each  week,  in  each  of 
the  said  newspapers,  for  six  weeks  immediately  previous  to  the 
presentation  of  such  petition ;  and  the  Corporation  Counsel 
shall,  in  addition  to  the  said  advertisements,  cause  copies 
of  the  same,  in  hand-bills,  to  be  posted  in  at  least  twenty 
conspicuous  places  in  the  vicinity  of  the  real  estate  so  to  be 
taken  or  affected,  at  least  six  weeks  prior  to  said  application. 

Motions  for  appointment  of  Commissioners  of  Appraisal. 

Sec.  492.  At  the  time  and  place  mentioned  in  said  notice, 
unless  the  said  Court  shall  adjourn  said  application  to  a  subse- 
quent day,  and  in  that  event,  at  the  time  to  which  the  same  may 
be  adjourned,  the  Court,  upon  due  proof  to  its  satisfaction  of  the 
publication  and  posting  aforesaid,  and  upon  filing  the  said  petition, 
shall  make  an  order  for  the  appointment  of  three  disinterested 
and  competent  freeholders,  one  of  whom  shall  reside  in  the 
County  of  New  York,  one  of  whom  shall  reside  in  the  County  in 

231 


which  the  real  estate  acquired  or  affected  is  situated,  and  one  of 
whom  shall  reside  in  the  County  in  which  the  said  real  estate 
shall  be  situated,  or  in  an  adjoining  County,  as  Commissioners 
of  Appraisal  to  ascertain  and  appraise  the  compensation  to  be 
made  to  the  owners  and  all  persons  interested  in  the  real  estate 
laid  down  on  said  maps,  as  proposed  to  be  taken  or  affected  for 
the  purposes  indicated  in  this  Act.  Such  order  shall  fix  the  time 
and  place  for  the  first  meeting  of  the  Commissioners. 

Commissioners  to  take  and  file  oath. 

Sec.  493.  The  said  Commissioners  shall  take  and  subscribe 
the  oath  required  by  the  twelfth  article  of  the  Constitution,  and 
shall  forthwith  file  the  same  in  the  office  of  the  Clerk  of  the 
County  in  which  the  real  estate  to  be  acquired  or  affected  is  sit- 
uated, and  shall  file  certified  copies  of  said  oath  in  the  office  of 
the  Register  and  County  Clerk  of  the  County  of  New  York. 

City  to  become  seized  of  real  estate. 

Sec.  494.  On  filing  the  oath  of  the  Commissioners  of  Ap- 
praisal, in  the  manner  provided  by  the  last  section,  the  said  City 
of  New  York  shall  be  and  become  seized,  in  fee,  of  all  those 
parcels  of  real  estate  which  are  shown  on  the  said  map  herein- 
before referred  to,  of  which  it  has  been  determined  by  the  said 
Commissioner,  that  the  fee  shall  be  acquired  and  shall  be  en- 
titled to  take  and  hold  such  interest  in  the  parcels  of  land  in 
which  it  has  been  determined  that  the  fee  shall  not  be  acquired, 
as  has  been  shown  on  said  map  and  described  in  said  petition, 
and  may  immediately,  upon  the  filing  of  such  oaths  and  such 
certified  copies,  or  at  any  time  or  times  thereafter,  take  posses- 
sion of  the  lands  shown  on  said  map,  or  any  part  or  parts  thereof, 
without  any  suit  or  proceeding  at  law  for  that  purpose. 

Proceedings  of  Commissioners. 

Sec.  495.  Any  one  of  said  Commissioners  of  Appraisal  may 
issue  subpoenas  and  administer  oaths  to  witnesses ;  and  they,  or 
any  one  of  them,  in  the  absence  of  the  others,  may  adjourn  the 
proceedings  from  time  to  time,  in  their  discretion,  but  they  shall 
continue  to  meet,    from  time   to  time,  as  may  be  necessary  to 

282 


hear,  consider  and  determine  upon  all  claims  which  may  be  pre- 
sented to  them  under  this  Act.  In  case  of  death,  resignation, 
refusal,  neglect  or  inability  to  serve,  of  any  Commissioner  or 
Commissioners  of  Appraisal,  the  Corporation  Counsel  shall, 
upon  due  notice  to  be  given  by  advertisement  in  the  news- 
papers designated  in  this  Act  ten  days  prior  to  such  applica- 
tion, apply  to  the  Supreme  Court,  at  a  Special  Term  thereof,  to 
be  held  in  the  judicial  district  in  which  the  real  estate  is  situated, 
for  the  appointment  of  one  or  more  Commissioners  to  fill  the 
vacancy  or  vacancies  so  occasioned.  Whenever  the  Commis- 
sioners meet,  except  by  appointment  of  the  Court,  or  pursuant 
to  adjournment,  they  shall  cause  reasonable  notice  to  be  given 
to  the  attorneys  for  such  parties  who  have  appeared.  It  shall 
be  the  duty  of  the  Commissioners  of  Appraisal  to  procure  from 
the  Corporation  Counsel  the  fourth,  fifth  and  sixth  copies 
of  the  maps  provided  for  in  this  Act.  They  shall  view 
the  real  estate  laid  down  on  said  maps,  and  shall  hear  the 
proofs  and  allegations  of  any  owner,  lessee  or  other  person 
in  any  way  entitled  to,  or  interested  in  said  estate,  or  any 
part  or  parcel  thereof,  and  also  such  proofs  and  allega- 
tions as  may  be  offered  on  behalf  of  the  City  of  New  York. 
They,  or  a  majority  of  them,  shall  also  determine  the  height  to 
which  the  waters  of  any  lake,  pond  or  natural  stream  concerning 
which  such  proceedings  were  instituted  may  be  raised  and  the 
point  to  which  such  waters  may  be  drawn  down  by  the  City  of 
New  York,  such  determination  to  be  made  before  any  award  of 
damages  shall  be  made  on  account  of  such  proposed  raising  or 
depressing  of  such  waters,  and  they  shall  also  determine  what 
sum  shall  be  paid  to  the  general  or  special  guardian  or  com- 
mittee of  an  infant,  idiot,  or  person  of  unsound  mind,  and  to 
the  attorney  appointed  by  the  Court  to  attend  to  the  interests  of 
any  unknown  owner  or  party  in  interest,  or  to  the  attorney  or 
guardian  of  any  party  in  interest  whose  interests  are  unknown  or 
the  interest  of  any  person  or  persons  not  in  being.  They  shall 
reduce  the  testimony,  if  any,  taken  before  them,  to  writing,  and 
after  the  testimony  is  closed,  they,  or  a  majority  of  them,  all 
having  considered  the  same,  and  having  an  opportunity  to  be 
present,   shall,   without  unnecessary  delay,  ascertain  and  deter- 

233 


mine  the  just  compensation  which  ought  justly  to  be  made  by 
the  City  of  New  York  to  the  owners,  or  the  persons  interested 
in  the  real  estate  sought  to  be  acquired  or  affected  by  said  pro- 
ceedings. The  said  Commissioners  of  Appraisal  shall  make 
reports  of  their  proceedings  to  the  Supreme  Court,  as  in  the 
next  section  provided,  with  the  minutes  of  the  testimony  taken 
by  them,  if  any,  and  they  shall  be  entitled  to  the  payments  here- 
inafter provided  for  their  services  and  expenses,  to  be  paid  from 
the  fund  herein  provided. 

Commissioners  to  prepare  report. 

Sec.  496.  The  said  Commissioners  shall  prepare  a  report,  and 
a  true  copy  or  copies  thereof,  as  may  be  required,  to  which 
shall  be  respectively  annexed  the  fourth  and  fifth  copies,  and,  if  re- 
quired, the  sixth  copy  of  the  maps  referred  to  in  this  Act.  The  said 
report  shall  contain  a  brief  description  of  the  several  parcels  of 
real  estate  so  taken  or  affected,  with  a  reference  to  the  map  as 
showing  the  location  and  boundaries  of  each  parcel ;  a  statement 
of  the  sum  estimated  and  determined  upon  by  them  as  a  just  com- 
pensation to  be  made  by  the  City  to  the  owners  of  or  persons 
entitled  to  or  interested  in  each  parcel  so  taken  or  affected,  and 
a  statement  of  the  respective  owners  of  or  persons  entitled  thereto 
or  interested  therein ;  but  in  all  and  each  and  every  case  and 
cases,  where  the  owners  and  parties  interested,  or  their  respective 
estates  or  interests  are  unknown,  or  not  fully  known,  to  the  Com- 
missioners of  Appraisal,  it  shall  be  sufficient  for  them  to  set  forth 
and  state,  in  general  terms,  the  respective  sums  to  be  allowed 
and  paid  to  the  owners  of  and  parties  interested  therein  generally, 
without  specifying  the  names  or  estates  or  interests  of  such 
owners  or  parties  interested,  or  any  or  either  of  them.  They 
shall  also  recommend  such  sums  as  shall  seem  to  them  proper  to 
be  allowed  to  the  parties  or  attorneys  appearing  before  them, 
as  costs,  counsel  fees,  expenses  and  disbursements,  including 
reasonable  compensation  for  witnesses. 

Report  to  be  filed. 

Sec.  497.     Said  report  signed  by  said  Commissioners,  or  a 
majority  of  them,  shall  be  filed  in  the  office  of  the  Clerk  of  the 

234 


County  in  which  the  real  estate  is  situated.  The  Commissioners 
of  Appraisal  shall  notify  the  Corporation  Counsel  as  soon 
as  the  said  report  is  filed. 

Notice  of  motion  to  confirm  report. 

Sec.  498.  The  Corporation  Counsel,  or,  in  case  of  his 
neglect  to  do  so  within  ten  days  after  receiving  notice  of  such 
filing,  then  any  person  interested  in  the  proceedings,  shall  give 
notice  that  the  said  report  will  be  presented  for  confirmation  to 
the  Supreme  Court,  at  a  Special  Term  thereof,  to  be  held  in  the 
judicial  district  in  which  the  real  estate  is  situated,  at  a  time  and 
place  to  be  specified  in  said  notice.  The  said  notice  shall  contain 
a  statement  of  the  time  and  place  of  the  filing  of  the  report,  and 
shall  be  published  in  each  of  the  newspapers  referred  to  in  sec- 
tion 491  of  this  Act,  once  in  each  week,  for  at  least  four  weeks 
immediately  prior  to  the  presentation  of  said  report  for  confir- 
mation. 

Confirmation  of  report. 

Sec.  499.  The  application  for  the  confirmation  of  the  report 
shall  be  made  to  the  Supreme  Court,  at  a  Special  Term  thereof, 
held  in  the  judicial  district  in  which  the  real  estate  is  situated. 
Upon  the  hearing  of  the  application  for  the  confirmation  thereof, 
the  said  Court  shall  confirm  such  report,  and  make  an  order,  con 
taining  a  recital  of  the  substance  of  the  proceedings  in  the  matter 
of  the  appraisal,  with  a  general  description  of  the  real  estate 
appraised,  and  for  which  compensation  is  to  be  made ;  and  shall 
also  direct  to  whom  the  money  is  to  be  paid,  or  in  what  Trust 
Company  it  shall  be  deposited  by  the  Comptroller  of  the  City 
of  New  York.  Such  report,  when  so  confirmed,  shall  (except  in 
the  case  of  an  appeal,  as  provided  in  section  505  of  this  Act)  be 
final  and  conclusive  as  well  upon  the  said  City  of  New  York  as 
upon  the  owners  and  all  persons  interested  in  or  entitled  to  said 
real  estate ;   and  also  upon  all  other  persons  whomsoever. 

Payment  of  azvards. 

Sec.  500.  The  said  City  of  New  York  shall,  within  four 
calendar  months  after  the  making  and  entry  of  the  order  con- 

235 


firming  the  report  of  the  Commissioners  of  Appraisal,  pay  to 
the  respective  owners  and  bodies,  politic  or  corporate,  mentioned 
or  referred  to  in  said  report,  in  whose  favor  any  sum  or  sums  of 
money  shall  be  estimated  and  reported  by  said  Commissioners, 
the  respective  sum  or  sums  so  estimated  and  reported  in  their 
favor  respectively,  with  lawful  interest  thereon,  from  the  date 
of  filing  the  oath  of  said  Commissioners  and  certified  copies 
thereof,  as  by  this  Act  required.  And  in  case  of  neglect  or  default 
in  the  payment  of  the  same  within  the  time  aforesaid,  the 
respective  person  or  persons,  or  bodies,  politic  or  corporate,  in 
whose  favor  the  same  shall  be  so  reported,  his,  her,  or  their 
executors,  administrators,  legal  representatives  or  successors,  at 
any  time  or  times,  after  application  first  made  by  him,  her,  or 
them,  to  the  Comptroller  of  the  City  of  New  York  for  payment 
thereof,  may  sue  for  and  recover  the  same,  with  lawful  interest, 
as  aforesaid,  and  the  costs  of  suit  in  any  proper  form  of  action 
against  the  said  City  of  New  York  in  any  Court  having  cogni- 
zance thereof,  and  in  which  it  shall  be  sufficient  to  declare 
generally  for  so  much  money  due  to  the  plaintiff  or  plaintiffs 
therein  by  virtue  of  this  Act,  for  real  estate  taken  or  affected 
for  the  purposes  herein  mentioned,  and  the  report  and  order 
confirming  report  of  said  Commissioners,  with  proof  of  the  right 
and  title  of  the  plaintiff  or  plaintiffs  to  the  sum  or  sums  demanded 
sht.ll  be  conclusive  evidence  in  such  suit  or  action,  and  entitle 
plaintiff  to  judgment  therein. 

Sum  awarded  to  be  deposited  in  certain  cases. 

Sec.  501.  Whenever  the  owner  or  owners,  person  or  persons 
interested  in  any  real  estate  taken  or  affected  in  such  proceedings, 
or  in  whose  favor  any  such  sum  or  sums  or  compensation  shall 
be  so  reported,  shall  be  under  the  age  of  twenty-one  years,  of 
unsound  mind,  or  absent  from  the  State  of  New  York,  and  also 
in  all  cases  where  the  name  or  names  of  the  owner  or  owners, 
person  or  persons  interested  in  any  such  real  estate  shall  not  be 
set  forth  or  mentioned  in  the  said  report,  or  where  the  said  owner 
or  owners,  person  or  persons,  being  named  therein  cannot,  upon 
diligent  inquiry,  be  found,  or  where  there  are  adverse  or  conflict- 
ing claims  to   the  money  awarded  as  compensation,  it  shall  be 

236 


lawful  for  the  said  City  of  New  York  to  pay  the  sum  or  sums 
mentioned  in  the  said  report,  payable,  or  that  would  be  coming 
to  such  owner  or  owners,  person  or  persons  respectively,  with 
interest  aforesaid,  into  such  Trust  Company  as  the  Court  may, 
in  the  order  of  confirmation,  direct,  to  the  credit  of  such  owner 
or  owners,  person  or  persons,  and  such  payment  shall  be  as  valid 
and  effectual,  in  all  respects,  as  if  made  to  the  said  owner  or 
owners,  person  or  persons  interested  therein  respectively  them- 
selves, according  to  their  just  rights;  and  provided,  also,  that 
in  all  and  each  and  every  such  case  and  cases  where  any  such 
sum  or  sums,  or  compensation,  reported  by  the  Commissioners 
in  favor  of  any  person  or  persons,  or  party  or  parties,  whatso- 
ever, whether  named  or  not  named  in  the  said  report,  shall  be 
paid  to  any  person  or  persons,  or  party  or  parties,  whomsoever, 
when  the  same  shall  of  right  belong  and  ought  to  have  been 
paid  to  some  other  person  or  persons,  or  party  or  parties,  it  shall 
be  lawful  for  the  person  or  persons,  or  party  or  parties  to  whom 
the  same  ought  to  have  been  paid,  to  sue  for  and  recover  the 
same,  with  lawful  interest  and  costs  of  suits,  as  so  much  money 
had  and  received  to  his,  her  or  their  use,  by  the  person  or  per- 
sons, party  or  parties  respectively  to  whom  the  same  shall  have 
been  so  paid. 

IV/io  may  present  claim  before  Commissioner. 

Sec.  502.  Every  owner  or  person  in  any  way  interested  in  any  " 
real  estate  taken,  affected  or  entered  upon  and  used  and  occupied 
for  the  purposes  contemplated  by  this  Act,  and  any  owner  or 
person  interested  in  real  estate  contiguous  thereto,  and  which  is 
affected  by  the  acquisition,  use  or  occupation  of  the  real  estate 
shown  on  said  map,  whether  such  contiguous  real  estate  is 
shown  on  the  maps  or  not,  if  he  or  they  intend  to  make  claim  for 
compensation  for  such  taking,  entering  upon,  using  or  occupying, 
shall,  within  one  year  after  the  appointment  of  the  Commissioners 
of  Appraisal,  exhibit  to  the  said  Commissioners  a  statement  of 
claim,  and  shall  thereupon  be  entitled  to  offer  testimony  and  to 
be  heard  before  them  touching  such  claim,  and  the  compensation 
proper  to  be  made,  and  to  have  a  determination  made  by  such 
Commissioners  of  Appraisal  as  to  the  amount  of  such  compensa- 

237 


tion.  Every  person,  corporation,  or  body  politic,  neglecting  or 
refusing  to  present  such  claim  within  said  time  shall  be  deemed 
to  have  surrendered  his,  her  or  its  title  or  interest  in  such  real 
estate,  or  his,  her  or  its  claim  for  damages  thereto,  except  so 
far  as  they  may  be  entitled,  as  such  owner  or  person  interested, 
•to  the  whole  or  a  part  of  the  sum  of  money  awarded  by  the 
Commissioners  of  Appraisal  as  a  just  compensation  for  taking, 
using  and  occupying,  or  as  damages  for  affecting  the  real  estate 
owned  by  said  person,  corporation,  or  body  politic. 

City  protected  by  payment. 

Sec.  503.  Payment  of  the  compensation  awarded  by  said 
Commissioners  of  Appraisal  to  the  person  or  persons,  corporation, 
or  body  politic  named  in  their  report  (if  not  infants  or  persons  of 
unsound  mind)  shall,  in  the  absence  of  notice  to  City  of  New 
York  of  other  claimants  to  such  award,  protect  the  said  City  of 
New  York. 

Separate  reports  may  be  made. 

Sec.  504.  Said  Commissioners  of  Appraisal  may,  in  their  dis- 
cretion, take  up  any  specified  claim  or  claims,  and  finally  ascer- 
tain and  determine  the  compensation  to  be  made  thereon,  and 
make  a  separate  report  with  reference  thereto,  annexing  to  said 
report  a  copy  of  so  much  of  the  maps  as  displays  the  parcel  or 
parcels  so  reported  on.  Such  report  shall,  as  to  the  claims 
therein  specified,  be  the  report  required  in  this  act,  and  the  sub- 
sequent action  with  reference  thereto  shall  be  had  in  the  same 
manner  as  though  no  other  claim  was  embraced  in  said  proceed- 
ing, which,  however,  shall  continue  as  to  all  claims  upon  which 
no  such  determination  and  report  is  made. 

Proceedings  in  case  of  an  Appeal. 

Sec.  505.  Within  twenty  days  after  the  making,  entry  and 
service  of  the  order  confirming  the  report  of  the  Commissioners 
of  Appraisal,  as  provided  for  in  this  Act,  of  which  notice  may, 
as  to  the  parties  who  have  not  appeared  before  the  Commissioners, 
be  given  in  the  manner  provided  in  this  Act,  either  party  may 
appeal  by  notice,  in  writing,  to  the  Appellate   Division   of  the 

238 


Supreme  Court  of  the  judicial  department  in  which  the  real   es- 
tate described  in  said  petition  and  shown  on  said  map  is  situated. 
Such  appeal  shall  be  heard,  on  due  notice   thereof  being  given, 
according  to  the  rules  and  practice  of  the  said  Court,  and  pend- 
ing such  appeal  the  Comptroller  of  the  City  of  New  York   shall 
deposit  in  such  Trust  Company  as  the   Court  shall   direct,    the 
amount  of  the  award,  with  interest  to  the  date  of  such  deposit, 
and  the  funds  so  deposited  shall  remain  with  the  Trust  Company, 
subject  to  the  further  order  of  the  Court.      On   the  hearing  of 
such  appeal  the  Court  may  direct  a  new  appraisal  and  determina- 
tion by  the  same  or  new  Commissioners,   in    its   discretion,   and 
either  party,  if  aggrieved,  may  take  a  further  appeal,  which  shall 
be  heard   and  determined  by  the  Court  of  Appeals.      In  the  case 
of  a  new  appraisal  the  second  report  shall  be  final  and  conclusive 
on  all  parties  and  persons  interested.      If  the  amount  of  compen- 
sation to  be  made  by  the  said   city  is   increased   by  the  second 
report,  the  difference  shall  be   paid   by  the   Comptroller  of  the 
City  of  New  York  to  the  parties  entitled  to  the  same,  or  shall  be 
deposited,  as  the  Court  may  direct ;  and  if  the  amount  is  dimin- 
ished, the  difference  shall  be  refunded  to  the  said   City   of   New 
York  by  the  Trust  Company.      But  the  taking  of  an   appeal  by 
any  person  or  persons  shall  not  operate  to  stay  the   proceedings 
under  this  Act,  providing  such  award  and  interest  have  been  de- 
posited.     Such  appeal    shall  be  heard  upon  the   evidence   taken 
and  proceedings  had  before  such  Commissioners. 

How  defects  may  be  remedied. 

Sec.  506.  The  Supreme  Court  of  the  judicial  district  in  which 
the  real  estate  is  situated  shall  have  power  at  any  time  to  amend 
any  defect  or  informality  in  any  of  the  special  proceedings  auth- 
orized by  this  Act  as  may  be  necessary,  or  to  cause  other  prop- 
erty to  be  included  therein,  and  to  direct  such  further  notices  to 
be  given  to  any  party  in  interest,  as  it  deems  proper,  and  also  to 
appoint  other  Commissioners  in  place  of  any  who  shall  die  or 
refuse  or  neglect  to  serve,  or  be  incapable  of  serving,  or  be  re- 
moved. And  the  said  Court  may,  at  any  time,  remove  any  of 
said  Commissioners  of  Appraisal  who,  in  their  judgment,  shall  be 
incapable  of  serving,  or  who  shall,  for  any  reason  in  their  judg- 

239 


ment,  be  an  unfit  person  to  serve  as  such  Commissioner.  The 
cause  of  such  removal  shall  be  specified  in  the  order  making  the 
same.  If,  in  any  particular,  it  shall,  at  any  time,  be  found 
necessary  to  amend  any  pleading,  or  proceeding,  or  to  supply 
any  defect  therein,  arising  in  the  course  of  any  special  proceed- 
ing authorized  by  this  Act,  the  same  may  be  amended  or  sup-^ 
plied  in  such  manner  as  shall  be  directed  by  the  Supreme  Court, 
which  is  hereby  authorized  to  make  such  amendment  or  correc- 
tion. 

Agreements  with  owners  of  real  estate. 

Sec.  507.  The  said  Commissioners,  subject  to  the  approval 
of  the  Board  of  Public  Improvements,  may  agree  with  the 
owners  or  persons  interested  in  any  real  estate  laid  down  on 
said  maps  as  to  the  amount  of  compensation  to  be  paid  to  such 
owners  or  persons  interested  for  the  taking  or  using  and  occupy- 
ing such  real  estate.  And  in  case  any  such  real  estate  shall  be 
owned,  occupied  or  enjoyed  by  the  people  of  this  State,  or  by 
any  County,  town  or  school  district  within  this  State,  such 
rights,  titles,  interests  or  properties  may  be  paid  for  upon  agree- 
ment respectively  with  the  Commissioners  of  the  Land  Office, 
who  shall  act  for  the  people  of  the  State,  with  a  chairman  and  a 
majority  in  numbers  of  the  Board  of  Supervisors  of  any  County, 
who  shall  act  for  such  County,  and  with  the  Supervisor  and  Com- 
missioners of  Highways  in  any  town,  who  shall  act  for  such  town, 
and  with  the  trustees  of  any  school  district,  who  shall  act  for 
such  district,  and  with  the  President  and  a  majority  of  the  Board 
of  Trustees  of  any  incorporated  village.  The  Commissioners  of 
the  Land  Office  shall  have  power  to  grant  to  the  said  city  any  real 
estate  belonging  to  the  people  of  this  State  which  may  be  re- 
quired for  the  purposes  indicated  in  this  Act,  on  such  terms  as 
may  be  agreed  on  between  them  and  the  said  Commissioners; 
and  if  any  real  estate  of  any  County,  town,  or  school  district  is 
required  by  such  city  for  the  purpose  of  this  Act,  the  majority  of 
the  Board  of  Supervisors,  acting  for  such  County,  or  the  Super- 
visors of  any  such  town,  with  the  Commissioners  of  Highways 
therein,  acting  for  such  town,  or  the  Trustees  of  any  school  dis- 
trict, acting  for  such  district,  or  the   President  and  majority  of 

240 


Trustees  of  any  incorporated   village,    may  grant   or  surrender 

such  real  estate  for  such  compensation  as  may  be  agreed  upon 

•between  such  officers  respectively  and  the  said   Commissioners. 

Compensation  and  Expenses  of  Commissioners. 

Sec.  508.  The  Commissioners  of  Appraisal,  appointed  in  pur- 
suance of  this  Act,  shall  receive  as  compensation  for  their  services 
the  sum  of  ten  dollars  per  day  for  each  day  upon  which  the  said 
Commissioners  shall  meet  and  be  actually  and  necessarily  em- 
ployed in  the  performance  of  the  duties  imposed  upon  them  by  this 
Act.  They  may  employ  the  necessary  clerks  and  stenographers. 
The  Corporation  Counsel  shall,  either  in  person  or  by  such 
counsel  as  he  shall  designate  for  the  purpose,  appear  for  and  pro- 
tect the  interests  of  the  City  in  all  such  proceedings  in  Court  and 
before  the  Commissioners.  The  fees  of  the  Commissioners,  and 
the  salaries  and  compensation  of  their  employees,  and  their  neces- 
sary traveling  expenses,  and  all  other  necessary  expenses  in  and 
about  the  special  proceedings  provided  by  this  Act,  to  be  had  for 
acquiring  title  or  extinguishing  claims  for  damages  to  real  estate, 
and  such  allowances  for  counsel  fees,  expenses  and  witness  fees  as 
may  be  recommended  by  the  Commissioners  and  ordered  paid  by 
order  of  the  Court,  shall  be  paid  by  the  Comptroller  of  the  City 
of  New  York,  out  of  the  funds  hereinafter  provided,  when  they 
have  been  taxed  before  a  Justice  of  the  Supreme  Court  in  the 
judicial  district  in  which  the  real  estate  is  situated,  upon  five 
days'  notice  to  the  Corporation  Counsel. 

Issue  of  bonds. 

Sec.  509.  The  Comptroller  of  the  City  of  New  York  is  hereby 
authorized  and  directed  to  raise,  from  time  to  time,  on  bonds  of 
said  City,  in  addition  to  the  amounts  which  he  is  now  authorized 
to  raise  for  such  purposes,  such  sums  of  money  as  shall  be  suffi- 
cient to  pay  for  any  real  estate,  or  for  the  extinguishment  of 
any  right,  title,  or  interest  therein  acquired,  and  all  damages 
appraised  to  persons  interested  therein,  together  with  all  ex- 
penses necessarily  incurred  in  acquiring  title  to  such  real  estate, 
or  in  extinguishing  claims  for  damages  thereto,  and  for  all  other 
expenditures  herein  authorized. 

241 


^IFO 


Description  of  bonds. 

Sec.  510.  The  bonds  to  be  issued  by  the  Comptroller  of  the 
City  of  New  York  in  pursuance  of  this  title  shall  be  called 
"Corporate  stock  of  the  City  of  New  York,"  and  shall  be  issued 
in  the  manner  hereinbefore  provided  for  the  issue  of  Corporate 
stock,  subject,  however,  to  the  limitations  of  the  State  Consti- 
tution. And  the  Municipal  Assembly  of  said  city  is  hereby 
authorized  and  directed  to  raise,  from  time  to  time,  by  tax  upon 
the  estates,  real  and  personal,  subject  to  taxation  in  the  City  of 
New  York,  the  sum  or  sums  of  money  which  may  be  required  to 
pay  the  interest  on  said  bonds  and  to  redeem  them  at  maturity. 

Jurisdiction  of  State  Board  of  Health. 

Sec.  511.  Any  lake  or  reservoir  constructed  or  maintained 
under  the  provisions  of  this  Act  shall  be  subject  to  such  sani- 
tary regulations  as  the  State  Board  of  Health  shall  prescribe. 

Highways  and  Bridges. 

Sec.  512.  The  City  of  New  York  is  hereby  required  to  build 
and  construct  such  highways  and  bridges  as  may  be  made  neces- 
sary by  the  construction  of  any  reservoir  in  the  Counties  of  West- 
chester, Putnam,  Queens  or  Suffolk  under  this  Act,  and  to  repair 
and  forever  maintain  such  additional  bridges  as  may  be  made 
necessary  by  the  construction   of  such   reservoir  or  reservoirs. 

Account  of  Expenditure  to  be  filed  in  Comptroller's  office. 

Sec.  513.  The  said  Commissioner  of  Water  Supply  shall,  in 
every  calendar  month,  file  in  the  office  of  the  Comptroller  of  the 
City  of  New  York  an  account  of  all  expenditures  made  by  him, 
or  under  his  authority,  and  of  all  liabilities  incurred  by  him, 
during  the  preceding  month,  and  an  abstract  of  each  such  account 
shall  be  published  in  the  City  Record. 

Limit  within  which  Lake  Mahopac  may  not  be  drawn  down. 

Sec.  514.  Nothing  herein  contained  shall  authorize  or  em- 
power or  permit  any  water  in  excess  of  the  ordinary  flow  thereof 
to  be  drawn  from  Lake  Mahopac,  in  the  Town  of  Carmel,  Put- 

242 


nam  County,  between  the  first  days  of  March  and  September  in 
any  year. 

Present  proceedings  to  be  continued. 

Sec.  515.  All  proceedings  pending  at  the  time  this  Act  takes 
effect  for  the  acquisition  of  title  to  or  the  extinguishment  of  rights 
in  real  estate  for  any  of  the  purposes  in  this  title  specified,  shall 
be  continued  and  prosecuted  to  a  conclusion  according  to  the 
respective  provisions  of  law  under  which  said  proceedings  may 
have  been  begun,  and  as  to  all  such  proceedings  this  Act  shall 
not  be  deemed  applicable. 

Id.      Corporations  authorized  to  use  grounds  under  streets^  etc. 

Sec.  516.  All  persons  acting  under  the  authority  of  the 
city  of  New  York  shall  have  the  right  to  use  the  ground  or  soil 
under  any  street,  highway  or  road  within  this  State  for  the  pur- 
pose of  introducing  water  into  the  city  of  New  York,  on  con- 
dition that  they  shall  cause  the  surface  of  said  street,  highways 
or  roads  to  be  restored  to  its  original  state,  and  all  damages 
done  thereto  shall  be  repaired. 

Devolution  of  powers  of  former  boards. 

Sec.  517.  For  all  the  purposes  of  this  Act  all  of  the  rights, 
powers,  privileges,  duties  and  obligations,  heretofore  created  by 
law  or  otherwise,  of  the  City  of  Brooklyn,  or  of  any  of  its  De- 
partments or  officers  respecting  the  water  works  of  said  City  are, 
so  far  as  they  are  consistent  with  the  provisions  of  this  Act, 
hereby  vested  in  The  City  of  New  York,  as  constituted  by  this 
Act,  and  as  matter  of  administration  devolved  upon  the  Com- 
missioner of  Water  Supply  of  The  City  of  New  York  to  be  by 
him  exercised  in  accordance  with  the  provisions,  directions  and 
limitations  of  this  Act,  and  all  of  the  rights,  powers,  privileges,  du- 
ties and  obligations  of  Long  Island  City,  or  of  any  or  either  of 
its  Departments  or  officers,  or  of  any  town,  village  or  dis- 
trict in  any  of  the  territory  hereby  annexed  to  the  corporation 
heretofore  known  as  the  Mayor,  Aldermen  and  Commonalty  of 
the  City  of  New  York,  and  by  this  Act  consolidated  into  one 

243 


city,  in  respect  to  any  of  the  public  water  works  or  the  pubHc 
water  system,  or  the  public  water  supply  thereof ;  the  sale  and 
distribution  of  the  same,  are  hereby  vested  in  The  City  of  New 
York,  and  for  the  purpose  of  administration  are  hereby  devolved 
upon  the  said  Commissioner  of  Water  Supply  of  The  City  of 
New  York  to  be  by  him  executed  pursuant  to  the  provisions, 
directions  and  limitations  of  this  Act. 

Sec.  518.  Nothing  in  this  Act  contained  shall  be  deemed 
or  construed  to  repeal,  or  in  any  wise  affect  chapter  490  of  the 
Laws  of  1883,  entitled  '  'An  Act  to  provide  new  reservoirs,  dams 
and  a  new  aqueduct  with  the  appurtenances  thereto  for  the  pur- 
pose of  supplying  the  City  of  New  York  with  an  increased 
supply  of  pure  and  wholesome  water,"  or  the  several  acts 
amendatory  thereof,  but  the  said  Act  and  its  amendments  shall 
remain  in  full  force  and  effect,  provided  that  the  Commissioners 
therein  specified,  shall  not  hereafter  begin  the  construction  of  any 
new  work,  except  such  as  may  be  properly  and  necessarily  ap- 
purtenant to  work,  the  construction  of  which  has  been  begun 
before  the  date  upon  which  this  Act  takes  effect.  The  term  of 
office  of  the  Commission  appointed  and  existing  under  the  afore- 
said Act  shall  cease  and  determine  on  the  first  day  of  January, 
1901,  and  thereupon  all  papers,  documents  and  records  in  pos- 
session of  the  Aqueduct  Commission  shall  be  delivered  to  the 
Commissioner  of  Water  Supply,  who  shall  continue  and  com- 
plete, in  the  manner  provided  by  this  Act,  all  work  of  every 
kind  and  description  whatsoever  left  uncompleted  by  the  said 
Commission. 


Title  5. 
department  of  highways. 
Commissioner  of  Highways  ;  appointme?it ,  terfn,  salary.' 

Sec.  523.  The  head  of  the  Department  of  Highways  shall 
be  called  the  Commissioner  of  Highways.  He  shall  be  appointed 
by  the  Mayor  and  hold  ofifice  as  provided  in  Chapter  IV  of  this 
Act.  His  salary  shall  be  seven  thousand  five  hundred  dollars  a 
year. 

244 


Id.:  Jurisdiction. 

Sec.  524.     The  Commissioner  of  Highways  shall  have  cog- 
nizance and  control : 

(1)  Of  regulating,  grading,  curbing,  flagging  and 
guttering  of  streets  and  laying  crosswalks. 

(2)  Of  constructing  and  repairing  public  roads. 

(3)  Of  paving,  repaving,  resurfacing,  and  repairing  of 
all  streets,  and  of  the  relaying  of  all  pavements  removed 
for  any  cause. 

(4)  Of  the  laying  or  relaying  of  surface  railroad  tracks 
in  any  public  street  or  road,  of  the  form  of  rail  used,  or 
character  of  foundation,  and  the  method  of  construction, 
and  of  the  restoration  of  the  pavement  or  surface  after 
such  work. 

(5)  Of  the  filling  of  sunken  lots,  fencing  of  vacant  lots, 
digging  down  lots,  and  of  licensing  vaults  under  side- 
walks. 

(6)  Of  recommending  to  the  Board  of  Public  Improve- 
ments, ordinances  relating  to  any  of  the  matters  within 
the  province  of  his  department.  He  snail  make  an 
annual  report  of  the  business  and  transactions  of  his 
department  to  the  Mayor. 

Permit  from.  Departme7tt  of  Highways  necessary  for  removals  of 
pavements,  etc.  ;  procedure  in  case  of  pavemeuts  relaid,  etc. 
Sec.  525.     No  removal  of  the  pavement  or  disturbance  of  the 
surface  of  any  street  for  the  purpose  of  constructing  vaults  or 
lateral  ways,  digging  cellars,  laying  foundations  of  buildings  or 
other  structures,  making  sewer  connections,  or  repairing  sewers 
or  pipes,  of  laying  down  gas  and  water  pipes,  steam  pipes  and 
electric  wires,  or  introducing  the  same  into  buildings,  or  for  any 
purpose  whatever,  shall  be  made  until  a  permit  is  first  had  from 
the  Department  of  Highways;   and  whenever  any  portion  of  the 
pavement  in  any  street  or  avenue  in  said  City  shall  have  been 
removed  for  any  of  these  purposes,  and  such  pavement  shall  not 
be  relaid  in  a  manner  satisfactory  to  the  Commissioner,  the  said 
Commissioner  may  cause  a  notice,  in  writing,  to  be  served  upon 

246 


the  person  or  corporation  by  whom  the  same  was  removed  ;   or  if 
such  removal  was  for  the  purpose  of  making  connection  between 
any  house  or  lot,  or  any  sewer  or  pipes  in  the  street,  or  for  con- 
structing vaults,  or  otherwise  improving  any  house  or  lot,  upon 
the  owner  or  occupant  of  such  house  or  lot  requiring  such  per- 
son or  corporation,  or  the  owner  or  occupant  of  such  house  or 
lot,  to  have  such  pavement  properly  relaid  within  five  days  after 
service  of  such   notice.      Such  notice  may  be  served  upon  the 
owner  or  occupant  of  a  house  or  lot  by  leaving  the  same  with  any 
person  of  adult  age  upon  said  premises  or  posting  the  same  there- 
upon ;   in  case  such  pavement,  or  portion  thereof,  shall  not  be 
relaid  to  the  satisfaction  of  said  Commissioner  within  |,the  time 
specified  in  such  notice,  it  shall  be  lawful,  and  authority  is  hereby 
given  to  said  Commissioner,  to  have  such  pavement,  or  the  portion 
thereof  which   shall   have    been    so  unsatisfactorily  laid,  put  in 
proper  order  and  repair,  in  such  manner  as  the  Commissioner  may 
deem   best,  on   account  of  the  person  or  corporation  by  whom 
such  pavement  was  removed,  or  of  the  owner  of  the  premises  for 
whose  benefit  such  removal  was  made.      Upon  the  costs  of  such 
work  being  certified  to  the  Comptroller  of  the  City  of  New  York 
by  the  said  Commissioner,  with  a  description  of  the  lot  or  premises 
to  improve  which  such  removal  was  made,  said  Comptroller  shall 
pay  the  same,  and  the  amount  so  paid  shall  become  a  lien  and 
charge  upon  the  premises  so  described,  and,  on  being  certified  by 
the  Comptroller  to  the  Collector  of  Assessments  and  Arrears, 
may  be  collected  in  the  same   manner  that   arrears  and  water 
rates  are  collected  under  the  direction  of  such  Collector  of  As- 
sessments and  Arrears.      But  nothing  herein  contained  shall  be 
deemed  to  prohibit  said  Commissioner  from  demanding,  before 
issuing  said  permit,  and  as  a  condition  thereof,  the  deposit  of 
such  sum  of  money,  or  other  security,  as  in  his  judgment  may  be 
necessary  to  pay  the  cost  of  properly  relaying  the  pavement  so 
removed,  together  with  the  expense  of  the  inspection  thereof. 

The  office  of    Commissioner  of   Street  Im,provements    in  the  23d 
and  2Ji,th  Wards  abolished ;  devolution  of  powers. 

Sec.   526.      The  office  of  Commissioner  of  Street  Improve- 
ments of  the  Twenty-third    and    Twenty-fourth  Wards  of  the 

246 


City  of  New  York,  created  by  Chapter  five  hundred  and  forty- 
five  of  the  laws  of  eighteen  hundred  and  ninety,  is  hereby 
abolished,  and  all  the  powers,  privileges  and  duties  of  the 
said  Commissioner  of  Street  Improvements  for  the  said  Twenty- 
third  and  Twenty-fourth  Wards,  which  in  any  way  relate 
to  the  regulating,  grading,  regrading,  curbing,  flagging,  and 
guttering  of  streets,  laying  of  crosswalks,  the  constructing 
and  repairing  of  public  roads,  paving,  repairing  and  repaving  of 
all  streets  and  the  relaying  of  all  pavements  removed  for  any 
cause,  of  the  filling  of  sunken  lots,  are  hereby,  so  far  as  the  same 
are  consistent  with  the  requirements  of  this  Act,  devolved  upon 
the  Commissioner  of  Highways  of  The  City  of  New  York,  and  are 
to  be  exercised  and  performed  by  him  according  to  the  pro- 
visions of  this  Act. 

Devolution  of  powers  of  former  boards. 

Sec.  527.  All  powers  and  duties  conferred  upon  the  corpor- 
ation heretofore  known  as  the  Mayor,  Aldermen  and  Common- 
alty of  the  City  of  New  York,  or  upon  any  board  or  officer 
thereof,  or  upon  the  corporation  known  as  the  City  of  Brook, 
lyn,  or  upon  any  board  or  officer  thereof,  or  upon  the  corpora- 
tion known  as  Long  Island  City,  or  upon  any  Board  or  Officer 
thereof,  and  upon  any  other  Municipal  Corporation,  Town  or 
Village,  within  the  County  of  Richmond,  or  within  so  much  of 
the  territory  of  the  County  of  Queens  as  is  by  this  Act  annexed 
to  the  Municipal  Corporation  known  as  the  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  and  consolidated 
into  the  Municipality  known  as  The  City  of  New  York,  in  any 
way  relating  to  the  regulating,  grading,  regrading,  curbing, 
flagging,  and  guttering  of  streets,  the  laying  of  crosswalks,  the 
constructing  and  repairment  of  public  roads,  paving,  repaving 
and  repairing  of  all  streets,  and  the  relaying  of  all  pavements 
removed  for  any  cause,  the  filling  of  sunken  lots,  and  all  matters 
directly  related  thereto  are  hereby  vested  in  The  City  of  New 
York,  as  constituted  by  this  Act,  and  as  matter  of  administration 
devolved  upon  the  Commissioner  of  Highways,  and  by  him  are 
to  be  executed  pursuant  to  the  provisions,  directions  and  limita- 
tions of  this  Act. 

247 


Title  6. 
department  of  street  cleaning. 

Comtnissioner ,  appointment,  tertn  and  salary. 

Section  533.  The  Head'of  the  Department  of  Street  Cleaning 
shall  be  called  the  Commissioner  of  Street  Cleaning.  He  shall 
be  appointed  by  the  Mayor  and  shall  hold  office  as  provided  in 
Chapter  IV  of  this  Act.  His  salary  shall  be  seven  thousand  five 
hundred  dollars  a  year. 

Id.:  Jurisdiction. 

Sec.  534.  The  Commissioner  of  Street  Cleaning  shall  have 
cognizance  and  control : 

(1)  Of  the  sweeping  and  cleaning  of  the  streets  of  the 
city,  and  of  the  removal,  or  other  disposition  as  often  as 
the  public  health  and  the  use  of  the  streets  may  require, 
of  ashes,  street  sweepings,  garbage,  and  other  light  refuse 
and  rubbish,  and  of  the  removal  of  snow  and  ice  from 
leading  thoroughfares  and  from  such  other  streets  as  may 
be  found  practicable. 

(2)  Of  the  removal  of  incumbrances. 

(3)  Of  the  issue  of  permits  to  builders  and  others  to 
use  the  streets,  but  not  to  open  them, 

(4)  Of  the  framing  of  regulations  controlling  the  use 
of  sidewalks  and  gutters  by  abutting  owners  and  occu- 
pants for  the  disposition  of  sweepings,  refuse,  garbage  or 
light  rubbish,  which,  when  so  framed,  and  approved  by 
the  Board  of  Public  Improvements  and  the  Municipal 
Assembly  shall  be  published  in  like  manner  as  city  ordi- 
nances, and  shall  be  enforced  by  the  Police  Department 
in  the  same  manner  and  to  the  same  extent  as  such 
ordinances. 

Sec.  535.  The  term  streets  as  used  in  this  Title  shall  not  be 
deemed  to  include  such  macadamized  streets  as  are  within  any 
park  or  are  under  the  control  or  management  of  the  Department 

248 


of  Parks,  nor  such  wharves,  piers  and  bulkheads  or  slips  and  parts 
of  streets  and  places  as  are  by  law  committed  to  the  custody  and 
control  of  the  Department  of  Docks  and  Ferries. 

Street  Cleaning  Department;  Members  of;  Clerical  and  Uniformed 
Forces, 

Sec.   536.     The  members  of  the  department  of  street  clean 
ing  shall  be  divided  into  two  general   classes,  to   be   designated 
respectively,  the  clerical  force  and   the   uniformed   force.      The 
clerical  force  shall  consist   of  a   chief   clerk,  medical   examiners 
not  exceeding  three  in  number,  and  such  and  so  many  clerks  and 
messengers  as  the  Commissioner  of  street   cleaning  shall  deem 
necessary ;  but  the  aggregate  salaries   of  the   said   clerical   force 
shall  not  exceed  in  any  year  the  amount  appropriated   therefor 
by  the  Board   of  Estimate  and  Apportionment.     The  uniformed 
force  shall  be  appointed  by  the  Commissioner  of  Street  Cleaning 
and  shall  consist  of  one  general  superintendent,  one  assistant  super 
intendent,  one  superintendent  of  stables,  one  superintendent  of 
final  disposition,  one  assistant  superintendent  of  final  disposition 
district  superintendents  not  exceeding  twenty-one  in  number;  time 
collectors,  not  exceeding    eight  in  number ;  section  foremen,  not 
exceeding  one  hundred  and  twenty-five  in  number;  dump  inspec 
tors,    not  exceeding     forty-three    in    number;    assistant    dump 
inspectors,  not  exceeding  forty-three  in  number;  tug  and  scow 
inspectors,  not  exceeding  twenty-five  in  number;  sweepers,  not 
exceeding  thirty-one    hundred  in  number;  dump  boardmen,  not 
exceeding  forty-three  in   number;     drivers,   not  exceeding  six- 
teen   hundred     in     number;     stable     foremen,     not     exceeding 
twenty-one  in   number;    assistant  stable  foremen,    not   exceed- 
ing twenty-one  in  number;  hostlers, not  exceeding  one  hundred 
and  forty-six  in  number ;  a  master  mechanic  and  such  and  so  many 
mechanics  and  helpers  as  may  be  necessary ;  but  the  aggregate  sal 
aries  of  such  mechanics  and    helpers  shall  not  exceed  in  any  year 
the    amount    appropriated  therefor  by  the  Board  of  Estimate  and 
Apportionment,  and  the  Municipal  Assembly.  The  Commissioner 
of  Street  Cleaning  shall  have  power  and  is  hereby  authorized  to 
increase  the  said  uniformed  force,  from  time  to  time,  by  adding 
to  the    number  of  sweepers,  drivers    and    hostlers,  provided  the 

249 


Board  of  Estimate  and  Apportionment,  and  the  Municipal 
Assembly  shall  have  previously  made  an  appropriation  for 
the  purpose  of  permitting  such  increase.  The  annual  sal- 
aries and  compensations  of  the  members  of  the  uniformed 
force  of  the  Department  of  Street  Cleaning  shall  be  fixed 
by  the  Board  of  Estimate  and  Apportionment  and  shall  not 
exceed  the  following:  Of  the  general  superintendent,  three 
thousand  dollars;  of  the  assistant  superintendent,  two  thous- 
and five  hundred  dollars;  of  the  superintendent  of  stables, 
two  thousand  dollars ;  of  the  master  mechanic,  one  thous- 
and eight  hundred  dollars;  of  the  superintendent  of  final 
disposition,  two  thousand  dollars ;  of  the  assistant  superintendent 
of  final  disposition,  one  thousand  five  hundred  dollars  ;  of  the  dis- 
trict superintendents,  one  thousand  eight  hundred  dollars  each  ;  of 
the  time  collectors,  one  thousand  two  hundred  dollars  each ;  of 
the  section  foremen,  one  thousand  dollars  each ;  of  the  dump 
inspectors,  one  thousand  dollars  each ;  of  the  assistant  dump  in- 
spectors, nine  hundred  dollars  each ;  of  the  tug  and  scow  in- 
spectors, one  thousand  dollars  each ;  of  the  dump  boardmen, 
seven  hundred  and  twenty  dollars  each ;  of  the  sweepers,  seven 
hundred  and  twenty  dollars  each ;  of  the  drivers,  seven  hundred 
and  twenty  dollars  each ;  of  the  stable  foremen,  one  thousand 
two  hundred  dollars  each ;  of  the  assistant  stable  foremen,  nine 
hundred  dollars  each  ;  of  the  hostlers,  seven  hundred  and  twenty 
dollars  each.  Hostlers  may  receive  extra  pay  for  Sundays  if 
an  appropriation  therefor  is  made  by  the  Board  of  Estimate 
and  Apportionment.  The  members  of  the  Department  of 
Street  Cleaning  shall  be  employed  at  all  such  times  and  dur- 
ing such  hours  and  upon  such  duties  as  the  Commissioner  of 
Street  Cleaning  shall  direct  for  the  purpose  of  an  effective 
performance  of  the  work  devolving  upon  the  said  department. 
In  case  of  a  snow  fall  or  other  emergency,  the  Commissioner  of 
Street  Cleaning  or  the  deputy  commissioner  may  hire  and  em- 
ploy temporarily  such  and  so  many  men,  carts  and  horses  as 
shall  be  rendered  necessary  by  such  emergency,  forthwith  report- 
ing such  action  with  the  full  particulars  thereof  to  the  Mayor,  but 
no  man,  cart  or  horse,  shall  be  so  hired  or  employed  for  a  longer 
period  than  three  days,  except  that  any  person  registered  or  eligible 

250 


to  appointment  as  a  driver,  or  as  a  sweeper,  may  be  temporarily- 
employed  at  any  time  as  an  extra  driver  or  sweeper  to  fill  the 
place  of  a  driver  or  sweeper  who  is  suspended  or  temporarily 
absent  from  duty  from  any  cause.  The  rate  of  compensation  of 
such  extra  drivers  or  sweepers  shall  be  two  dollars  per  day,  and 
the  driver  or  sweeper  whose  place  is  so  filled  shall  not  receive 
any  compensation  for  the  time  during  which  he  is  so  absent  from 
duty  or  his  place  is  so  filled,  unless  such  injury  or  illness  was 
contracted  in  the  service  of  the  Department.  The  services  of 
any  person  employed,  and  of  carts  and  horses  hired  pursuant 
to  this  section,  shall  be  paid  for  in  full  and  directly  by  the  Depart- 
ment of  Street  Cleaning,  at  such  times  as  may  be  prescribed  by 
such  department ;  and  they,  and  each  of  them,  shall  be  employed 
and  hired  directly  by  the  Department  of  Street  Cleaning  and  not 
through  contractors  or  other  persons,  unless  the  Commissioner  him- 
self shall  determine  that  this  requirement  must  for  proper  action  in 
a  particular  instance  be  dispensed  with.  Nothing  herein  contained 
shall  affect  any  existing  contracts  made  with  or  by  the  Department 
of  Street  Cleaning  in  regard  to  the  cleaning  of  Broadway  below 
Fourteenth  street  in  said  city  or  the  renewal  thereof,  if  deemed 
best  by  the  Commissioner  of  said  department. 

Id.     Removal  of  members  of  clerical  and  uniformed  forces. 

Sec.  537.  No  member  of  the  clerical  force  of  the  Depart- 
ment of  Street  Cleaning  shall  be  removed  until  he  has  been 
informed  of  the  cause  of  'the  proposed  removal  and  has  been 
allowed  an  opportunity  of  making  an  explanation  and  in  every 
case  of  removal  the  true  grounds  thereof  shall  be  entered  upon 
the  records  of  the  department.  The  Commissioner  of  Street 
cleaning  shall  have  power,  in  his  discretion,  on  evidence  satis- 
factory to  him  that  a  member  of  the  uniformed  force  has  been 
guilty  of  any  legal  or  criminal  offence  or  neglect  of  duty,  viola- 
tion of  rules,  or  neglect  or  disobedience  of  orders,  or  incapacity, 
or  absence  without  leave,  or  conduct  injurious  to  the  public 
peace  or  welfare,  or  immoral  conduct,  or  any  breach  of  disci- 
pline, to  punish  the  offending  party  by  forfeiting  or  withhold- 
ing pay  for  a  specified  time,  suspension  without  pay  during 
such    suspension  for   a    period    not    exceeding   thirty    days,   or 

251 


by  dismissal    from    the    force,  but    no  more  than    thirty    days' 
pay  or  salary    shall    be  forfeited    or   deducted    for  any  offense. 
The  said  commissioner  is  also  authorized  and  empowered,  in  his 
discretion,  to  deduct  and  withhold  pay,  salary  or  compensation 
from  any  member  or  members  of  the  force  for  and  on  account 
of  absence  for  any  cause  without  leave.     All  fines  imposed   and 
pay  deducted  or  withheld  under  the  provisions  of   this  section, 
shall  be  retained  by  the  Comptroller  to  the  credit  of    the  appor 
tionment  for  the  Department  of  Street  Cleaning,   and    shall  be 
applicable,    in    the    discretion    of  the    Commissioner   of  Street 
Cleaning,    to    any    of    the    purposes    of  said    department    as  if 
originally  appropriated  therefor.     Absence  without  leave  of  any 
member  of  the  uniformed    force  for  five  consecutive  days  shall 
be  deemed    and  held  to    be  a  resignation,  and    the  member  so 
absent  shall  at  the  expiration  of  said  period  cease  to  be  a  mem- 
ber of  said  force  and  may  be  dismissed  therefrom  without  notice. 
No  leave  of  absence    exceeding    twenty    days  in    any  one  year 
shall  be   granted  or    allowed  to  any    member  of  the  uniformed 
force,  except  upon    condition  that  such    member  shall  waive  or 
release  not  less  than  one-half  of  all  salary,  pay  or  compensation 
and  claim    thereto  or    any    part    thereof  during   such    absence. 
The  said  Commissioner  of  Street  Cleaning  is  hereby  authorized 
and    empowered,  from    time  to   time    to  make,   adopt,    enforce 
rules,  orders    and    regulations    conformable  to  the  provisions  of 
this  act  for  the  government,  administration,  discipline  and  dis- 
position   of  the  said    department    and  of  the    members  thereof, 
and  to  prescribe  and  define  the  duties  of  each  member.     When 
and  as  soon  as  a  member  of  the  uniformed  force  has  been  fined, 
suspended,  or  dismissed  the  true  cause  for  such  fine,  suspension 
or  dismissal  shall  be  entered  in  writing  in  a  book  to  be  kept  for 
that  purpose  by    the  Commissioner    of  Street    Cleaning,  which 
book  shall  be  a  public  record.     A  copy  of  the  rules  and  regula- 
tions   or  of  any    or    either  of  them    of  the    said    commissioner 
adopted  by  him  may,  when  certified  by  him  or  by  his  deputy  be 
given  in  evidence  upon  any  trial,  investigation,  hearing  or  pro- 
ceeding   in  any  court   or    before  any    tribunal,  commissioner  or 
commissioners,  board  or  competent   body,  with  the  same  force 
and  effect  as  the  original. 

252 


Members  of  Department  not  liable  to  military  or  jury  duty. 

Sec.  538.  No  person  holding  any  office  or  position  under 
the  Department  of  Street  Cleaning  shall  be  liable  to  military  or 
jury  duty. 

Division  of  streets  into  districts;  allotment  of  sweepers. 

Sec.  539.     All  the  paved  avenues,  streets,  lanes,  alleys  and 
places  in  said  city  which  the  department  of  Street  Cleaning  is  by 
this   Act  charged  with    the  duty  of  cleaning,  shall  be  cleaned 
and    kept    cleaned  by  hand  labor,  and    for  that    purpose   each 
sweeper  shall  provide  himself  with  such  tools  and  implements  as 
the  Commissioner  of  Street  Cleaning  shall  prescribe,  and  to  each 
sweeper  shall  be  allotted  a  fixed  area  of  street  surface  according 
to  the  character  of  the  locality ;  of  which  allotment  a  record  shall 
be  kept  in   the  Department  of  Street  Cleaning,  and  shall  be  a 
public    record,   but    nothing  in    this  section  contained  shall  be 
deemed  to  prevent  the  Commissioner  of  Street  Cleaning  from 
causing  the  labor  of  the  sweepers  to  be  supplemented  by  the  use 
of  sweeping-machines  in  such  streets  and  avenues  as  to  him  may 
seem  proper.    It  shall  be  the  duty  of  the  Commissioner  of  Street 
Cleaning  to   divide  the   city  into  a  suitable  number  of  districts, 
not  exceeding  twenty-one,  each   of  which  shall  be   under  the 
charge  and  supervision  of  a  district  superintendent  who  shall  be 
directly  responsible  to  the  general  superintendent,  and  also  to  the 
Commissioner  of  Street  Cleaning  for  the  cleanliness  of  his  district. 
Each  of  said  districts  shall  be  by  said  Commissioner  subdivided 
into   sections   in   charge   of  foremen   responsible   to  the  district 
superintendent,  as  well  as  to  the  general  superintendent,  and  to 
the  Commissioner  of  Street   Cleaning   for  the  cleanliness  of  his 
section.      It   shall  be   the  duty   of  said  Commissioner  of  Street 
Cleaning  to  make  such  allotment  and  designation  of  the   area 
to  be  covered,  and  the  duties  to  be  performed  by  the  uniformed 
force,  that  each  member  thereof,  except  the  general  superinten- 
dent and  his  assistant  shall  have  one  particular  district  or  section 
in  which   to  perform   all  the  work  to  which  he  is  allotted.      But 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  the 
Commissioner  of  Street  Cleaning  from  transferring,  at  his  discre- 

253 


tion,  members  of  the  uniformed  force,  from  one  district  or  section 
to  another,  nor  from  temporarily  employing  all  or  any  number  of 
said  uniformed  force  in  a  particular  street  or  streets,  section  or 
sections. 

Department  of  Docks;  to  keep  wharves,  etc. ,  clean. 

Sec.  540.  The  Department  of  Docks  shall  have  power 
and  authority  and  it  is  Hereby  made  its  duty  to  cause  the 
wharves,  piers,  bulkheads,  heads  of  slips,  and  portions  of  any 
streets  and  places  by  law  committed  to  the  custody  and  control 
of  said  Department  of  Docks,  to  be  thoroughly  cleaned,  and  kept 
clean  at  all  times ;  and  to  remove  from  said  wharves,  piers,  bulk- 
heads, heads  of  slips  and  portions  of  streets,  and  to  dispose  of 
all  sweepings,  ashes  and  garbage.  And  for  the  purpose  of  dis- 
posing of  the  sweepings  and  other  refuse  removed  by  said 
Department  of  Docks,  the  said  Department  of  Docks  shall  have 
the  right  and  is  hereby  authorized  to  use  concurrently  with  the 
said  Department  of  Street  Cleaning,  such  dumping  boards,  slips 
and  piers  as  may  be  assigned  to  and  set  apart  for  the  use  of  said 
Department  of  Street  Cleaning,  and  all  contracts  made  by  the 
Commissioner  of  Street  Cleaning  under  this  Act  for  the  removal 
of  ashes  and  garbage  and  sweepings  shall  provide  for  the  removal 
of  such  ashes,  garbage,  and  sweepings,  as  may  be  required  to  be 
removed  by  said  Department  of  Docks. 

Commissioner   of  Street    Cleaning;  power    to   obtain  plant,    sup- 
plies, etc. 

Sec.   541.     The  said  Commissioner  of  Street  Cleaning  shall 
have  power,  and  it  shall  be  his  duty,  to  purchase    or    hire    from 
time  to  time  for  his  use  as  such  Commissioner,  at  current  prices, 
such  and  so  many  horses,  carts,  steam  tugs,    scows,   boats,    ves 
sels,  machines,  tools  and  other  property  as  may  be   required  for 
the  economical  and  effectual  performance  of  his  aforesaid  duty 
or  to  contract  for   the    construction    of   any    such    tugs,  scows 
boats,  vessels,  carts,  machines,  tools   or  other  property;   or  for 
the  sweeping  of  streets  and  the  removal  of  street    sweepings   by 
machine  and  also  to  contract  for  the  cremation,  utilization  or  burn 
ing  of  street  sweepings,  refuse  and  garbage ;  or  for  the  melting  oi 

254 


removal  of  snow  upon  or  from  any  streets  or  avenues  or  parts 
thereof;  the  title  to  property  so  purchased  or  constructed  shall 
be  in  the  City  of  New  York.  All  such  hiring,  or  purchases,  or 
contracts,  however,  exceeding  one  thousand  dollars  in  amount 
at  any  one  hiring  or  purchase,  shall  be  let  by  contract  to  the 
lowest  bidder  therefor,  founded  on  sealed  bids  or  proposals 
made  in  compliance  with  public  notice^^advertised  in  the  City 
Record ;  such  notice  to  be  published  at  least  ten  days  prior  to 
the  opening  of  such  proposals  or  bids.  Provided,  that  nothing 
herein  contained  shall  prevent  said  Commissioner,  whenever  it 
shall  be  necessary,  to  hire  such  boats,  steam  tugs,  scows,  vessels, 
machines,  tools  or  other  property  for  a  day  or  trip,  and  for  suc- 
cessive days  or  trips,  without  advertising  or  contract  founded 
on  sealed  proposals  or  bids,  at  compensation  by  the  day  or  trip, 
notwithstanding  the  aggregate  compensation  for  such  successive 
days  or  trips  may  exceed  said  sum  of  one  thousand  dollars. 
The  said  Commissioner  is  hereby  authorized,  whenever  and 
as  often  as,  in  his  opinion,  the  public  interests  shall  require, 
to  reject  all  bids  or  proposals  received  in  answer  to  any 
such  advertisement,  and  to  re-advertise  for  bids  and  pro- 
posals as  hereinafter  provided.  Whenever  the  said  Com- 
missioner shall  deem  it  necessary,  he  shall  and  is  hereby  author- 
ized to  sell,  at  public  auction,  any  plant,  material,  horses,  carts, 
scows  or  other  property,  used  in  any  way  in  connection  with 
the  work  of  cleaning  streets ;  but  before  any  such  sale  shall  be 
made  a  notice  thereof  stating  the  time  and  place  of  sale  shall  be 
published  in  the  City  Record  and  corporation  newspapers  for  at 
least  ten  days  immediately  preceding  such  sale,  and  the  proceeds 
arising  from  such  sale,  after  deducting  the  necessary  expenses 
thereof,  shall  be  paid  into  the  city  treasury  to  the  credit  of  the 
general  fund  for  the  reduction  of  taxation.  The  said  Commis- 
sioner is  hereby  authorized,  with  the  consent  and  approval  of 
the  Board  of  Sinking  Fund  Commissioners,  to  hire  or  lease  suit- 
able and  sufficient  offices  for  the  transaction  of  the  business 
under  his  charge,  and  also  such  stables  and  other  buildings  or 
parts  of  buildings  or  plots  of  ground  as  may,  from  time  to  time, 
be  necessary.  All  carts  used  by  said  department  of  street  clean- 
ing   shall    be    of    such  size,   form   and   construction   as   to   pre- 

255 


vent    escape    during    transit    of    dust,  or    of  any  refuse    carried 
therein. 

Piers,  docks t  slips,  etc ,  for  use  of  department. 

Sec.  542.  The  department,  bureau  or  city  officer,  author 
ity  or  authorities,  which  shall  from  time  to  time  have  the  man- 
agement and  control  of  the  public  docks,  piers  and  slips  of  the 
city,  shall  designate  and  set  apart  for  the  use  of  said  Commis- 
sioner suitable  and  sufficient  slips,  piers,  and  berths  in  slips,  locat- 
ed as  the  said  Commissioner  may  require,  and  such  as  shall  be 
convenient  and  necessary  for  his  use  in  executing  the  duty  here- 
by imposed  upon  him,  excepting  slips,  docks  and  piers  on  the 
East  River  set  apart  for  the  use  of  canal  boats.  The  said  Com- 
missioner may,  with  the  approval,  in  writing,  of  the  Board  of 
Estimate  and  Apportionment,  lease  piers,  slips  or  wharves  for  the 
necessary  purposes  of  the  duties  by  this  chapter  conferred, 
whenever  suitable  piers,  slips  or  wharves  owned  by  or  under  the 
control  of  the  city  cannot  be  obtained  or  are  not  set  apart  and 
designated  as  in  this  section  provided. 

Uniform,  Badges,  etc. ,  of  Uniformed  Force. 

Sec.  543.  The  Commissioner  of  street  cleaning  is  hereby 
authorized  and  directed,  from  time  to  time,  to  prescribe  distinctive 
uniforms,  badges  and  insignia  to  be  worn  and  displayed  by  the 
several  members  of  the  uniformed  force  of  said  department  and 
to  prescribe  and  enforce  penalties  for  the  failure  to  wear  and  ex- 
hibit the  same  by  any  member  of  said  force  while  engaged  in  the 
work  of  the  department. 

Special  Contracts  for  Disposition  of  Sweepings,  Ashes,  Garbage,  etc. 

Sec.  544.  Said  Commissioner  shall  have  power  to  enter 
into  contracts  with  responsible  persons  and  parties  for  the 
final  disposition,  for  periods  not  exceeding  five  years,  of  all 
or  any  part  of  the  said  street  sweepings,  ashes,  or  garbage, 
and  such  other  light  refuse  or  rubbish  when  collected ;  pro 
vided  always  that  such  contract  shall  be  approved  both  as  to 
terms  and  conditions  by  the  Board  of   Estimate  and  Apportion- 

256 


ment.  All  contracts  shall  be  entered  into  on  behalf  of  the  city 
by  the  Commissioner  with  adequate  security.  He  shall  adver- 
tise for  proposals  in  such  newspapers  in  the  city  as  he  may  desig- 
nate, not  exceeding  three  in  number,  for  ten  days,  to  perform 
the  work  in  such  form  and  manner  and  on  such  terms  and  con- 
ditions as  he  may  prescribe.  Such  proposals  may  be  for  the  per- 
formance of  all  or  such  part  or  portion  of  the  work  as  he  shall 
require.  Each  proposal  must  be  accompanied  by  a  certified 
check  on  a  solvent  banking  incorporation  in  the  city,  payable  to 
the  order  of  the  Comptroller  for  five  per  cent,  of  the  amount  for 
which  the  work  bid  for  is  proposed  in  any  one  year  to  be  per- 
formed. From  the  proposals  so  received  he  may  select  the  bid 
or  bids,  the  acceptance  of  which  will,  in  his  judgment,  best  se- 
cure the  efificient  performance  of  the  work,  or  he  may  reject  any 
or  all  of  said  bids.  On  the  acceptance  of  any  bid  by  him,  the 
checks  of  the  unaccepted  bidders  shall  be  returned  to  them,  and 
upon  the  execution  of  the  contract  the  check  of  the  accepted 
bidder  shall  be  returned  to  him.  The  surety  or  sureties  upon  all 
contracts  hereby  authorized  shall  be  approved  by  the  Comptrol- 
ler, and  all  contracts  and  bonds  securing  the  same  shall  be  ap- 
proved as  to  form  by  the  counsel  to  the  corporation. 

Proceedings  for  removal  of  Trucks,  etc.  from  Streets,  regulated. 

Sec.  545.  It  shall  be  the  duty  of  the  Commissioner  of  Street 
Cleaning  to  remove,  or  cause  to  be  removed,  all  unharnessed 
trucks,  carts,  wagons  and  vehicles  of  any  description,  found  in 
any  public  street  or  place,  and  also  all  boxes,  barrels, 
bales  of  merchandize  and  other  movable  property  found 
upon  any  public  street,  or  place,  not  including,  hov/ever,  any 
portion  of  marginal  street,  or  place,  or  wharf,  which,  by  the  pro- 
vision of  any  law  or  statute,  is  committed  to  the  custody  and 
control  of  the  Department  of  Docks.  The  said  Commissioner  of 
Street  Cleaning  is  hereby  authorized,  with  the  consent  and  ap- 
proval of  the  board  of  sinking  fund  commissioners,  to  lease  a 
suitable  yard  or  yards  to  which  the  trucks,  carts,  wagons  and 
vehicles,  boxes,  bales,  barrels  and  other  things,  removed  under 
the  authority  of  this  section,  shall  be  taken,  and  the  said  Com- 
missioner shall,  from  time  to  time,  as  often  as  he  shall  deem  ne- 

257 


cessary,  sell,  or  cause  to  be  sold,  as  hereinafter  provided  at  pub- 
lic auction,  at  such  yard  or  yards,  the  said  trucks,  carts,  wagons, 
vehicles,  boxes,  barrels,  and  other  things  so  removed.  When- 
ever the  said  Commissioner  or  deputy  commissioner  shall  have 
removed  or  caused  to  be  removed  any  such  trucks,  carts, 
wagons,  vehicles,  boxes,  barrels,  bales  or  other  things,  and  shall 
deem  it  necessary  to  sell  them,  and  before  making  the  sale 
thereof,  he  shall  file  with  a  justice  of  the  Municipal  court  of  the  City 
of  Nfew  York,  a  written  petition,  verified  by  oath,  setting  forth 
the  facts  which  bring  the  case  within  this  section,  toijether  with 
a  brief  description  of  each  of  the  trucks,  carts,  wagons,  vehicles, 
boxes,  barrels  or  other  things  so  removed  in  his  custody  and 
possession  as  Street  Cleaning  Commissioner  at  the  time  of  filing 
such  petition,  stating  either  the  name  of  the  owner  or  that  his 
name  is  not  known  to  the  said  petitioners,  and  cannot  be  ascer- 
tained with  reasonable  diligence,  and  praying  for  a  final  order, 
directing  the  sale  of  the  property  so  seized  and  removed,  and 
the  application  of  the  proceeds  thereof  as  herein  prescribed ; 
and,  upon  the  presentation  of  said  petition  the  justice  must 
issue  a  precept  under  his  hand,  directed  to  the  persons  whose 
names  appear  in  the  said  petition  as  owners,  if  stated  in  the 
petition,  or  if  not  so  stated,  directed  generally  to  all  persons 
having  any  interest  in  the  property  so  seized  and  removed,  and 
briefly  reciting  in  substance  the  other  facts  stated  in  the  peti- 
tion, and  requiring  the  person  or  persons  to  whom  the  precept 
is  directed  to  show  cause  before  a  justice  at  a  time  and  place 
specified  therein,  not  less  than  ten  nor  more  than  twenty  days 
after  the  issuing  of  the  precept,  why  the  prayer  of  the  petitioa 
:should  not  be  granted.  The  said  precept  shall  be  served  by 
posting  a  copy  thereof  in  at  least  two  public  and  coaspicuoas 
places  in  said  city,  one  of  which  shall  be  tl\e  ofifice  of  the  said 
Commissioner  of  Street  Cleaning,  and  the  second  of  which  shall 
be  the  yard  to  which  the  property  shall  have  been  removed, 
and  a  copy  of  which  precept  shall  be  so  posted  within  three 
days  after  the  precept  shall  have  been  issued ;  and  a  brief 
abstract  of  said  precept  shall  be  published  in  the  City 
Record  and  corporation  newspapers  within  five  days  after 
the  issue,   and   not    later  than    three    days    before    the    return 

:258 


day  mentioned  in  the  precept.  At  the  time  and  place  when 
the  precept  is  returnable,  the  said  Commissioner  or  deputy 
commissioner  must  furnish  proof  of  the  service  of  said  precept 
as  herein  prescribed,  and  any  person  named  in  the  petition  and 
precept  or  otherwise,  having  an  interest  in  the  property  seized, 
may  appear  on  the  return  day  of  the  said  precept  and  make  him- 
self a  party  to  the  proceeding  by  filing  a  written  answer,  sub- 
scribed by  him  or  his  attorney,  and  verified  by  the  oath  of  the 
person  subscribing  it,  denying  absolutely,  or  upon  information 
and  belief,  one  or  more  material  allegations  in  the  petition,  and 
setting  forth  his  interest  in  the  property  seized.  The  subsequent 
proceedings  before  the  justice  shall  be  the  same  as  in  an  action  in 
the  Municipal  Court  where  an  issue  of  fact  has  been  joined,  and 
if  the  decision  of  the  justice  is  in  favor  of  the  petitioner,  the 
justice  must  make  a  final  order,  the  same  as  though  no  appear- 
ance or  trial  were  had,  except  to  recite  the  appearance  and  trial 
before  him.  If  no  person  appears  and  answers,  the  justice  shall 
make  a  final  order,  directed  to  the  Commissioner  of  Street 
Cleaning,  commanding  him  to  sell,  at  public  auction,  ail  of  the 
property  seized  and  described  in  the  petition,  at  the  yard  to 
which  said  property  was  removed,  for  the  best  price  which  he 
can  obtain  therefor.  Before  making  any  such  sale,  the  said 
Commissioner  or  deputy  commissioner  shall  give  public  notice 
in  the  City  Record  and  corporation  papers,  as  by  this  Act 
prescribed,  not  later  than  three  days  before  the  day  of  such 
sale,  and  such  notice  of  sale  shall  specify  the  time  and  place  of 
such  sale,  and  shall  contain  a  general  description  of  the  prop- 
erty to  be  sold,  but  no  particular  description  of  any  article 
shall  be  contained  therein. 

The  sale  shall  be  made  at  the  time  and  place  specified  in  said 
notice  of  sale  by  the  Cofnmissioner  or  Deputy  Commissioner,  or 
by  an  auctioneer  designated  for  such  sale  by  said  Commissioner. 
Immediately  after  such  sale,  the  Commissioner  of  Street  Clean- 
ing shall  pay  to  the  Comptroller  the  proceeds  of  such  condemna- 
tion and  sale,  and  shall,  at  the  same  time,  transmit  to  the 
Comptroller  an  itemized  statement  of  the  articles  sold,  with  the 
price  received  for  each  article  and  a  certificate  of  the  costs  and 
expenses  incurred  by  the  said  Commissioner  in  making  such  con- 

259 


demnation  and  sales.  The  Ccmptroller  shall  credit  and  add  to 
the  appropriation  for  the  Department  of  Street  Cleaning  from 
the  proceeds  of  such  sale  the  amount  of  said  costs  and  expenses 
of  such  condemnation  and  sales,  as  hereinbefore  provided,  and, 
in  addition  thereto,  such  an  amount  for  each  incumbrance 
seized  or  taken,  condemned  and  sold  as  hereinbefore  provided, 
not  to  exceed  ten  dollars,  as  may  be  estimated  and  fixed  by  the 
Commissioner  of  Street  Cleaning  as  necessary  to  pay  the  cost 
of  seizing,  removing  and  keeping  or  storing  such  incum- 
brances ;  and  the  remainder  of  the  moneys  realized  from 
such  sale  shall  be  paid,  without  interest,  to  the  lawful 
owners  of  the  several  articles  sold.  Any  payment  to  a 
person  apparently  entitled  thereto,  under  the  provisions  of 
this  section,  shall  be  a  good  defense  to  the  city  against  any 
other  person  claiming  to  be  entitled  to  such  payment,  but  if  the 
person  to  whom  such  payment  is  made  be  not  in  fact  entitled 
thereto,  it  shall  be  lawful  for  the  person  or  persons  to  whom 
the  same  ought  to  have  been  paid  to  recover  the  same  with  inter- 
est and  costs  of  suit  as  so  much  money  had  and  received  to 
his,  her  or  their  use  by  the  person  or  persons  to  whom  the  same 
shall  have  been  paid.  The  owner  of  any  truck,  cart,  wagon, 
vehicle,  box,  barrel,  bale  or  other  thing  removed  from  any  public 
street  or  place  under  the  provisions  of  this  section,  may  redeem 
his  property  at  any  time  after  its  removal  upon  payment  to  the 
Commissioner  of  Street  Cleaning  of  such  sum  as  he  may  fix,  not 
to  exceed  ten  dollars  for  each  article  redeemed.  The  sum  thus 
paid  shall  be  immediately  transmitted  to  the  Comptroller,  and 
by  him  added  and  credited  to  the  appropriation  for  the  Depart- 
ment of  Street  Cleaning,  under  the  provisions  of  this  Act,  and 
may  be  used  by  the  Commissioner  for  any  of  the  purposes  of  said 
department,  as  if  originally  included  in  the  appropriation  thereof, 
by  the  Board  of  Estimate  and  Apportionment.  Nothing  in  this 
section  contained  shall  be  deemed  to  authorize  the  summary  re- 
moval of  materials  for  any  public  work  or  improvement  in  course 
of  construction. 


260 


Limitation  of  amount  of  expense  for  street  cleaning.     Bonds  to  be 
iss2ied  by  Comptroller  for  purchase  of  plant. 

Sec.  546.  In  no  case,  except  as  in  this  section  provided, 
shall  the  amount  expended  by  the  Commissioner  of  Street 
Cleaning  exceed  the  amount  appropriated  for  the  said  depart- 
ment by  the  Board  of  Estimate  and  Apportionment  and  the 
Municipal  Assembly,  but,  for  the  more  effectual  carrying  out  of 
the  provisions  of  this  Act,  the  said  Commissioner  of  Street 
Cleaning  may,  with  the  approval  of  the  Board  of  Public  Improve- 
ments and  of  the  Board  of  Estimate  and  Apportionment,  pur- 
chase or  construct  stock  or  plant,  including  houses,  dumping 
boards  or  places  or  buildings  or  structures  necessary  for  any 
purpose  pertaining  to  the  business  of  the  department,  of  dur- 
able character  intended  to  be  used  for  a  term  of  years,  to  be 
paid  for  by  the  issue  and  sale  of  bonds,  and  the  Comptroller 
shall  issue  such  bonds  as  may  be  necessary  for  such  purpose. 
Such  bonds  shall  be  of  such  amount  and  to  run  for  such 
term  as  may  be  determined  by  said  Comptroller,  by  and 
with  the  authority  of  the  Municipal  Assembly,  not  less  than 
ten  nor  more  than  fifty  years,  and  shall  bear  interest  not 
exceeding  four  per  cent,  per  annum  and  shall  not  be  sold  at  less 
than  the  par  value  thereof.  If  the  necessary  cost  of  removing  snow 
or  ice  from  the  streets  and  avenues  shall,  in  any  one  year,  exceed 
the  amount  appropriated  therefor,  the  Board  of  Estimate  and 
Apportionment  may  authorize  such  additional  expenditure  as 
may  be  required  for  the  removal  of  such  snow  or  ice  to  be  paid 
out  of  any  unexpended  balance  of  the  appropriation  made  for 
the  purposes  of  said  department ;  and  the  Comptroller  shall 
raise  the  amount  of  such  additional  expenditure  by  the  issue  and 
sale  of  revenue  bonds,  and  shall  place  the  amount  so  raised  to 
the  credit  of  the  Department  of  Street  Cleaning,  to  supply  the 
amount  of  the  deficiency  occasioned  by  such  additional  ex- 
penditure. 

Dei'olution  of  powers  of  former  boards. 

Sec.  547.  All  the  powers  and  duties  conferred  upon  the 
corporation  heretofore  known  as  the  Mayor,  Aldermen  and  Com- 

261 


monalty  of  the  City  of  New  York,  or  upon  any  board  or  officer 
thereof,  or  upon  the  corporation  known  as  the  City  of  Brooklyn, 
or  upon  any  board  or  officer  thereof,  or  upon  the  corporation 
known  as  Long  Island  City,  or  upon  any  board  or  officer  thereof, 
and  upon  any  other  municipal  corporation,  town  or  village, 
within  the  County  of  Richmond,  or  within  so  much  of  the 
territory  of  the  County  of  Queens  as  is  by  this  Act  annexed 
to  the  municipal  corporation  known  as  the  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  and  consolidated 
into  the  municipality  known  as  The  City  of  New  York,  relating 
in  any  way  to  the  sweeping  and  the  cleaning  of  the  streets, 
avenues,  highways,  boulevards,  squares,  lanes,  alleys  and  other 
public  places  of  the  city,  and  of  the  removal,  or  other  disposition 
as  often  as  the  public  health  and  the  use  of  the  streets  may 
require,  of  ashes,  street  sweepings,  garbage  and  other  light 
refuse  and  rubbish,  and  of  the  removal  of  snow  and  ice 
from  leading  thoroughfares  and  from  such  other  streets  as  may 
be  found  practicable ;  of  the  removal  of  encumbrances ;  of  the 
issue  of  permits  to  builders  and  others  to  use  the  streets,  avenues, 
highways,  boulevards,  squares  and  public  places,  but  not  to 
open  them ;  of  the  framing  of  regulations  controlling  the  use  of 
sidewalks  and  gutters  by  abutting  owners  and  occupants  for  the 
disposition  of  sweepings,  refuse,  garbage  or  light  rubbish,  are 
hereby  vested  in  The  City  of  New  York,  and  as  matters  of 
administration  devolved  upon  the  Commissioner  of  Street  Clean- 
ing of  said  city,  to  be  by  him  executed  pursuant  to  the  powers, 
provisions  and  limitations  of  this  Act. 


269 


Title  7. 

department  of  sewers. 
Commissioner  of  Sewers  ;  appointment  ;  salary. 

Section  555.  The  head  of  the  Department  of  Sewers  shall 
be  called  the  Commissioner  of  Sewers.  He  shall  be  appointed 
by  the  Mayor,  and  hold  office  as  provided  in  chapter  IV.  of 
this  Act.  His  salary  shall  be  seven  thousand  five  hundred 
dollars  a  year. 

Id.;  jurisdiction  and  duties  ;  salary. 

Sec.  556.  The  Commissioner  of  Sewers  shall  have  cogni- 
zance and  control  of  all  subjects  relating  to  the  public  sewers 
and  drainage  of  the  city,  and  shall  initiate  the  making  of  all 
plans  for  the  drainage  of  the  city,  except  as  otherwise  speci- 
fically provided  in  title  2  of  this  chapter.  He  shall  have 
charge  of  the  construction  of  all  sewers  in  accordance  with 
said  plans.  He  shall  prepare  and  execute  all  contracts  and 
specifications  relating  to  the  sewers  for  submission  to  the 
Board  of  Public  Improvements,  and  shall  supervise  all  worl^ 
done  under  such  contracts.  He  shall  have  in  charge  the  man- 
agement, care  and  maintenance  of  the  sewer  and  drainage 
system  of  the  city,  and  the  licensing  of  all  cisterns  and  cess- 
pools. 

Overflow  sewers  may  be  constructed. 

Sec.  557.  Any  overflow  sewers  which  may  be  deemed  nec- 
essary for  the  relief  of  any  main  sewers  now  constructed  or 
which  may  hereafter  be  constructed  in  said  city,  may  be  dis- 
charged into  the  waters  adjacent  to  said  city,  or  into  the  Gow- 
anus  canal,  or  any  other  canal  or  inlet  in  said  city,  at  such 
points  as  in  its  judgment  may  be  most  convenient. 

Canals  to  be  kept  free  from  obstructions. 

Sec.  558.  It  shall  be  the  duty  of  the  City  of  New  York  to  keep 
any  canal  free  from  any  obstructions  that  may  be  occasioned  by 

263 


the  reason  of  the  emptying  of  said  overflow  sewers  into  it,  and 
for  that  purpose  the  Department  of  Sewers  of  said  city  is  au- 
thorized and  directed  to  dredge  the  same  from  time  to  time. 

Commissioner ;  power   to   construct   temporary  sewers,  expenses  of 
same. 

Sec.  559.  Whenever  it  shall  become  necessary  to  construct  a 
sewer  or  drain  for  the  purpose  of  preventing  damage  to  prop- 
erty or  to  abate  a  nuisance,  and  it  shall  become  impracticable 
to  proceed  immediately  to  the  construction  of  the  same  in  ac- 
cordance with  any  plan  already  adopted,  pursuant  to  title  2  of 
this  chapter,  on  the  approval  of  the  Board  of  Public  Improve- 
ments, the  said  Commissioner  shall  have  power  to  construct 
a  temporary  sewer  or  drain  in  such  manner  as  to  avoid  such 
damage  or  to  abate  such  nuisance,  and  the  cost  of  such  tempor- 
ary sewer  or  drain  shiJl  be  assessed  upon  the  property  drain- 
ing into  the  same  and  benefited  thereby.  And  such  assess- 
ments shall  be  enforced,  levied  and  collected  in  the  manner 
provided  in  chapter  XVII.  of  this  Act. 

Permits  for   construction   of  private  sewers  ;  procedure.     Becomes 
property  of  City  zvhen  paid  for  by,  etc. 

Sec.  560.  A  permit  for  the  construction  of  sewers  in  the 
streets  of  said  city  by  private  property  owners  shall  only  be 
granted  upon  the  parties  proposing  to  construct  such  sewer 
first  filing  with  the  Commissioner  of  Sewers,  plans  and  specifi- 
cations of  such  proposed  sewer,  conforming  to  the  general  plan 
for  the  construction  of  public  sewers  in  said  city,  on  file  in  the 
office  of  the  Board  of  Public  Improvements  and  a  duplicate 
copy  of  the  contract  for  the  construction  of  such  sewer,  show, 
ing  the  cost  of  the  construction  thereof,  together  with  a  satis- 
factory guarantee  to  said  Commissioner  for  the  payment  of  the 
necessary  expense  of  the  said  Department  of  Sewers,  in  the 
supervision  of  the  construction  of  said  sewer.  And  upon 
approval  of  such  plans,  specifications  and  contracts,  by  the 
Commissioner  of  Sewers  and  the  Board  of  Public  Improve- 
ments the  said  Commissioner  shall  issue   his  permit  for  the 

264 


construction  of  such  proposed  sewer  and  shall  forthwith  request 
the  Board  of  Assessors  to  apportion  the  cost  of  the  construction 
of  said  sewer  according  to  actual  benefit  between  the  several 
parcels  of  property  abutting  on  each  side  of  that  part  of  the 
street  through  which  said  sewer  shall  be  constructed.  The  said 
Board  of  Assessors  shall  as  soon  as  practicable  report  such 
apportionment  of  such  cost  the  said  Commissioner  of  Sewers. 
Said  Commissioner  shall  grant  permits  for  connection  with 
said  sewer,  to  be  constructed  as  aforesaid,  only  to  such  owners 
or  occupants  of  the  property  abutting  on  that  part  of  such 
street  through  which  said  sewer  shall  be  constructed  as  shall 
produce  to  said  Commissioner  of  Sewers  satisfactory  proof  of 
the  payment  by  him  or  them  to  the  parties  who  constructed 
and  paid  for  such  sewer,  of  the  amount  of  the  proportionate 
part  of  the  cost  of  the  construction  of  said  sewer  apportioned 
as  aforesaid  to  the  property  sought  to  be  connected  with  said 
sewer,  and  no  permit  shall  be  issued  for,  nor  shall  any  con- 
nection be  allowed  with  said  sewer,  nor  with  any  sewer  here- 
tofore constructed  by  the  owners  of  the  abutting  property  by 
private  contract  from  any  abutting  property  until  the  pro- 
portionate part  of  the  expense  of  the  construction  of  such 
sewer  shall  have  been  paid  to  the  parties  entitled  thereto 
by  the  owners  of  such  abutting  property,  and  satisfactory 
proof  thereof  m  ade  to  said  Commissioner  of  Sewers. 

And  when  constructed,  except  for  the  purpose  of  supervis- 
ion, maintenance  and  use  by  The  City  of  New  York  in  connec- 
tion with  its  public  sewer  system,  said  sewer  shall  be  deemed 
the  private  property  of  the  persons  who  shall  have  paid  for  its 
construction  until  the  owners  of  all  the  property  abutting  on 
that  part  of  the  street  or  avenue  in  which  said  sewer  shall  be 
laid,  shall  have  paid  their  several  shares  of  the  cost  of  the  con- 
struction of  said  sewer,  but  when  the  same  shall  have  been 
fully  paid  for  by  all  the  owners  of  abutting  property,  then  the 
same  shall  be  the  property  of  The  City  of  New  York,  and 
deemed  to  have  been  fully  dedicated  to  said  city. 

Id.;  Pozvcr  to  acquire  lands  for  seivers. 

Sec.  5f)l.  The  City  of  New  York  is  authorized  to  acquire 
title  for  the  use  of  the  public  to  all  or  any  of  the  lands  and 

265 


premises  required  for  sewers,  or  to  easements  therein  for  that 
purpose,  whether  the  same  be  above  or  below  high- water  mark 
or  under  water. 

The  Board  of  Public  Improvements,  at  the  request  of  the 
Commissioner  of  Sewers,  is  authorized  to  direct  the  same  to 
be  done. 

It  shall  be  the  duty  of  the  Corporation  Counsel,  when 
requested  in  writing  by  the  Board  of  Public  Improvements, 
immediately  to  institute  a  proceeding  to  acquire  title  for  the 
use  of  the  public  to  the  lands  and  premises  or  easements 
therein,  required  for  the  building  of  sewers  or  drains,  in  the 
same  manner  that  is  provided  by  this  Act  for  the  acquisition 
of  lands  for  the  purpose  of  opening  streets. 

The  expenses  incurred  in  the  acquisition  of  such  lands  and 
premises,  with  the  buildings  and  improvements  thereon,  so 
far  as  the  same  shall  be  taken  in  such  a  proceeding,  shall  be 
assessed  in  accordance  with  the  provisions  of  this  Act  relating 
to  the  opening  of  streets  upon  all  the  property  deemed  by  the 
Commissioners  of  Estimate  and  Assessment  appointed  in  such 
proceeding  to  be  benefited  by  the  acquisition  of  such  lands  for 
such  purpose,  and  upon  the  owners  thereof  or  persons  interest- 
ed therein. 

Proposals  and  contracts  for  sewerage  work. 

Sec.  562.  The  Commissioner  of  Sewers,  upon  the  completion 
of  the  plan  of  sewerage  of  any  district,  upon  the  filing  of  copies 
thereof,  as  required  by  title  2  of  this  chapter,  or  as  soon  there- 
after as  may  be  deemed  convenient  and  necessary,  shall,  with 
the  approval  of  the  Board  of  Public  Improvements,  cause 
printed  specifications  to  be  made  in  accordance  with  said  plan 
of  the  work  proposed  to  be  done  in  said  district,  and  shall  there- 
upon invite  proposals  in  the  manner  now  required  by  law,  and 
shall  contract  for  the  whole  or  any  part  of  the  work  in  said 
district. 

Commissioner  authorized  to  purchase  supplier.. 

Sec.  563  In  order  to  provide  for  the  more  effectual  and 
economical  construction  of  sewers,the  Commissioner  of  Sewers, 

266 


with  the  approval  of  the  Board  of  Public  Improvements,  may 
contract  in  pursuance  of  law  for  such  materials  used  in  the  con- 
struction of  sewers  and  in  such  quantities  as  he  may  deem 
proper ;  and  it  shall  be  the  duty  of  the  Comptroller  out  of  the 
appropriate  fund  or  from  the  proceeds  of  assessment  bonds 
authorized  to  be  issued,  upon  the  requisition  of  said  com- 
missioner, to  pay  for  such  materials,  and  the  expenses  for 
engfineers,  surveyors,  inspectors  or  other  persons  employed 
by  authority  of  said  commissioner  in  the  construction  of 
sewers. 

Penalty  for  injury  to  sewers. 

Sec.  564.  All  provisions  of  law  creating  civil  and  criminal 
liabilities  from  wrongs  and  injuries  done  to  the  water  works  of 
the  City  of  New  York,  and  providing  remedies  for  the  redress 
thereof,  and  the  prosecution  and  punishment  of  persons  com- 
mitting the  same,  shall  apply  in  like  manner  and  extent  to 
wrongs  and  injuries  done  to  sewers  in  the  said  city. 

Devolution  of  Powers  of  the  Commissioner  of  Street  Improvements 
in  the  2^d  and  2^th  Wards. 

Sec.  565.  All  the  powers,  privileges  and  duties  of  the  Com- 
missioner of  Street  Improvements  in  the  Twenty-third  and 
Twenty-fourth  Wards  of  the  City  of  New  York  as  heretofore 
constituted,  which  in  any  way  relate  to  the  public  sewers  and 
drainage  of  the  said  Twenty-third  and  Twenty-fourth  Wards, 
and  to  the  construction,  repair  and  cleansing  of  sewers  and 
underground  drains,  and  of  the  licensing  of  the  cisterns  and 
cesspools  therein,  and  of  all  matters  in  any  way  relating  to  the 
construction,  maintenance  and  care  of  the  sewer  system  and 
drainage  of  said  wards,  are  hereby  vested  in  The  City  of  New 
York,  as  hereby  constituted,  and  as  matter  of  administration 
devolved  upon  the  Commissioner  of  Sewers  of  The  City  of 
New  York  to  be  by  him  executed  in  accordance  with  the  pro- 
visions, directions  and  limitations  of  this  Act. 

Devolution  of  powers  of  former  Boards. 

Sec.  566.     All  powers   and   duties    heretofore    conferred 

2G7 


upon  the  City  of  New  York  as  heretofore  known  and 
bounded,  or  any  of  the  Officers  thereof,  or  upon  the  City 
of  Brooklyn,  or  any  of  the  Officers  thereof,  or  upon  Long 
Island  City  or  any  of  the  Officers  thereof,  or  upon  any 
Board  of  Public  Officers  acting  within  any  of  the  territory  of 
the  County  of  Richmond,  or  within  that  part  of  the  territory 
of  the  County  of  Queens,  hereby  annexed  by  this  Act  to  the 
Corporation  known  as  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  New  York,  and  by  this  Act  consolidated  into 
one  municipal  corporation,  which  in  any  way  relate  to  the 
public  sewers  and  drainage  of  the  said  Cities,  Municipal  Cor- 
porations, Towns  or  Territory,  and  to  the  construction,  repair 
and  cleansing  of  sewers  and  underground  drains  and  of  the 
licensing  of  cisterns  and  cesspools  therein  and  to  all  matters 
in  any  way  concerning  the  construction  and  care  of  the  sewer 
system  and  drainage  thereof,  so  far  as  such  powers  and  duties 
are  consistent  with  and  conformable  to  the  provisions  of  this 
Act,  are  hereby  vested  in  The  City  of  New  York,  and  as  mat- 
ter of  administration  devolved  upon  the  Commissioner  of 
Sewers  of  New  York,  to  be  by  him  executed  in  accordance 
with  the  provisions,  directions  and  limitations  of  this  Act. 


Title  8. 


The  Department  of  Public  Buildings,  Lighting  and 

Supplies. 

Commissioner  ;  appointment^  term^  salary. 

Sec.  572.  The  head  of  the  Department  of  Public  Buildings, 
Lighting  and  Supplies  shall  be  called  the  Commissioner  of 
Public  Buildings,  Lighting  and  Supplies.  He  shall  be  ap- 
pointed by  the  Mayor  and  hold  office  as  provided  in  Chapter 
IV  of  this  Act.  His  salary  shall  be  seven  thousand  five  hun- 
dred dollars  a  year. 

268 


Id.:   Jjirisdiciion. 

Sec.  573.  The  Commissioner  of  the  Department  of  Public 
Buildings,  Lighting  and  Supplies  shall  have  cognizance  and 
control  of 

(i)  the  construction,  repairs,  cleaning  and  maintenance  of 
Public  Buildings,  except  School-houses,  Alms-houses,  Peniten- 
tiaries and  the  like,  and  Fire  and  Police  Station  Houses. 

(2)  Of  the  making  and  performance  of  contracts  when  duly 
authorized  in  accord  with  the  provisions  of  this  Act,  and  for 
the  execution  of  the  same  in  the  matter  of  furnishing  the 
City,  or  any  part  thereof,  with  gas,  electricity  or  any  other 
illuminant ;  of  the  selecting,  locating  and  removing  and  chang- 
ing of  lights  for  the  use  of  the  city;  of  the  inspecting  and  test- 
ing of  gas  and  electricity  used  f  )r  light,  heating  and  power 
purposes,  gas  meters,  electric  meters,  electric  wires  and  of  all 
lights  furnished  to  said  City;  an  1  of  the  use  and  transmission 
of  gas,  electricity,  pneumatic  power  and  steam  for  all  purposes 
in,  upon,  across,  over  and  under  all  streets,  roads,  avenues, 
parks,  public  places  and  public  buildings  ;  of  the  construction 
of  electric  mains,  conduits,  conductors,  and  subways  in  any 
such  streets,  roads,  avenues,  parks  and  public  places,  and  the 
granting  of  the  permission  to  open  streets,  when  approved  by 
the  Department  of  Highways,  and  to  open  the  same  for  the 
purpose  of  carrying  on  therein  the  business  of  transmitting, 
conducting,  using  and  selling  electricity,  steam,  or  for  the  ser- 
vice of  pneumatic  tubes. 

(3)  Of  the  care  and  cleaning  of  all  offices  eased  or  occupied 
for  public  uses. 

(4)  Of  the  location,  care,  management  and  maintenance  of 
the  public  baths. 

(5)  Of  the  location,  erection,  establishment  and  maintenance 
of  public  urinals. 

(6)  Of  the  purchase  of  fuel,  furniture,  utensils,  books,  station- 
ery and  other  articles  needed  for  the  public  offices,  which  are 

269 


to  be  furnished  Upon  the  receipt  of  a  written  requisition  signed 
by  the  head  of  the  Department  or  office  in  which  the  same  is 
required,  and  by  the  principal  officer  in  charge  of  the  sub- 
division. The  said  Commissioner  shall  prepare  all  contracts 
relating  to  his  Department  for  submission  to  the  Board  of 
Public  Improvements. 

Consulting  Engineer  ;  duties. 

Sec.  574.  The  Consulting  Engineer  of  Lighting  and  Electric- 
ity shall,  when  requested  by  the  Commissioner  of  Public 
Buildings,  Lighting  and  Supplies,  examine  problems  arising 
from  the  use  of  gas  and  electricity  and  steam  affecting  public 
interests  in  said  City  from  time  to  time,  and  shall  report 
thereon  to  the  said  Commissioner  from  time  to  time  as  he 
may  be  required.  He  shall  recommend  to  the  said  Commis- 
sioner proposed  ordinances  for  the  use  and  control  of  gas  and 
electricity  and  steam,  which  the  said  Commissioner  may  submit 
to  the  Board  of  Public  Improvements ;  and  he  shall  perform 
such  other  duties  as  the  said  Commissioner  may  from  time 
to  time  require. 

Commissioner  ;  to  cause  tests  to  be  made,  etc. 

Sec.  575.  The  said  Commissioner  shall  cause  tests  to  be  made 
of  all  gas  used  for  lighting,  heating  and  power  purposes,  shall 
cause  inspections  to  be  made  of  gas  and  electric  lights  fur- 
nished to  the  City,  and  of  gas  meters  and  electric  meters  and 
electric  wiring,  as  such  tests  may  be  provided  for  by  the 
proper  appropriation  ;  the  said  Commissioner  shall  cause  tests 
to  be  made  of  all  meters  in  use  in  said  City  for  measuring  or 
ascertaining  the  quantity  of  gas  or  electricity  or  steam  fur- 
nished by  any  corporation  or  person  in  said  City  within  one 
year  after  this  Act  shall  take  effect ;  and  thereafter  no  corpor- 
ation or  person  shall  furnish  or  put  in  use  any  gas  or  electric 
or  steam  meter  which  shall  not  have  been  inspected,  ap- 
proved and  sealed  by  the  inspectors,  and  every  such  cor- 
poration or  person  shall  provide  and  keep  in  or  upon 
their  premises  a  suitable  and  proper  apparatus  to  be  ap- 
proved and  sealed  by  the  inspector  for  testing  and  proving 

270 


accuracy  of  meters  furnished  for  use  by  them.  Whenever 
a  meter  shall  be  inspected  the  inspector  shall  attach  thereto 
some  seal,  stamp  or  mark,  with  the  inspector's  name,  the  date 
of  his  inspection,  and  whether  or  not  the  meter  is  accurate. 
Meters  in  use  shall  be  re-inspected  and  tested  on  the  written 
request  of  the  consumer,  or  of  the  company,  in  the  presence  of 
the  consumer,  if  desired.  If  any  such  meter  on  being  so  tested 
shall  be  found  defective  or  inaccurate  to  the  prejudice  or  injury 
of  the  consumer,  the  necessary  removal,  inspection,  correction 
and  replacing  of  such  meter  shall  be  without  expense  to  the 
consumer ;  but  in  all  other  cases,  except  where  the  change  is 
beneficial  to  the  Company,  he  shall  pay  the  reasonable  expense 
of  such  inspection,  and  the  re-inspection  shall  be  stamped  on 
the  meter.  Provided,  however,  that  nothing  herein  contained 
shall  be  construed  as  requiring  to  be  sealed,  electrolytic  or 
other  electric  meters,  which  in  their  construction  or  use  are 
not  susceptible  of  being  sealed,  nor  the  apparatus  employed  in 
taking  the  usual  periodic  readings  therefrom  ;  but  all  such 
meters  shall,  in  all  other  respects,  be  tested  and  stamped  in  the 
manner  provided  herein  for  other  meters  ;  and  every  corpora- 
tion using  such  electrolytic  or  other  meters  shall  at  all 
times  admit  the  inspectors  of  meters  at  its  meter  department 
and  reading  rooms,  and  permit  the  inspection  by  him  of  all 
meters  and  of  all  the  processes,  methods  and  operations  of 
measuring  electric  current  consumed  by  it. 

Latvs  repealed. 

Sec.  576.  The  provisions  of  sections  62,  6^  and  64  of  chapter 
40  ol  the  General  Laws,  known  as  the  Transportation  Cor- 
porations Law,  are  hereby  repealed  in  so  far  as  they  affect  ihe 
inspection  of  gas  meters  and  electric  meters  within  the  City  of 
New  York. 

Interest  in  manufacture  of  gas,  etc.,  and  certain  acts  by  officers,  etc. ^ 
of  department  prohibited. 

Sec.  577.  No  officer,  agent  or  employee  of  the  Department 
of  Public  Buildings,  Lighting  and  Supplies  shall  in  any  way, 
directly  or  indirectly,  be  interested,  pecuniarily,  in  the  manu- 

271 


facture  or  sale  of  gas,  or  of  electricity  or  steam,  or  of  gas  or 
electric  or  steam  meters,  or  of  any  article  or  commodity  used 
by  gas  or  electric  companies,  or  used  for  any  purpose  for 
the  consumption  of  gas  or  of  electricity,  or  steam,  or  in  or 
with  a  gas  or  electric  or  steam  company,  and  no  such  officer, 
agent  or  employee  shall  give  certificates  or  written  opinions 
to  a  maker  or  vendor  of  any  such  article  or  commodity. 

Inspection  of  illuminating  gas  ;  tests. 

Sec.  578.  The  illuminating  gas  of  every  company  shall 
be  inspected  at  least  twice  a  year,  and  may  be  inspected  as 
frequently  as  the  Commissioner  may  think  best^  but  not  oftener 
than  once  a  week.  The  gas  shall  be  tested  for  illuminating 
power  by  means  of  a  disc  photometer,  or  other  approved 
apparatus,  and  during  such  test  shall  be  burned  from  a  burner 
best  adapted  to  it,  which  is  at  the  same  time  suitable  for 
domestic  use,  and  at  as  near  the  rate  of  five  feet  per  hour  as  is 
practicable.  When  the  gas  of  any  such  company  shall  be 
found  on  three  consecutive  inspections  to  be  of  an  illuminating 
power  less  than  twenty  sperm  candles  of  six  to  a  pound,  and 
burning  at  the  rate  of  one  hundred  and  twenty  grains  of 
spermaceti  per  hour,  tested  at  such  place  as  the  said  Com- 
missioner shall  specify  by  a  burner  consuming  five  cubic  feet 
of  gas  per  hour,  and  shall  not  comply  with  the  reasonable  and 
proper  standard  of  purity  as  fixed  by  said  Commissioner,  a  fine 
of  one  hundred  dollars  shall  be  paid  by  such  company  to  the 
city. 

Commissioner  to  submit  proposed  ordinances  relative  to  wires,  etc. 

Sec.  579.  The  said  Commissioner  shall  from  time  to  time 
submit  for  the  consideration  of  the  Board  of  Public  Improve- 
ments such  proposed  ordinances  in  regard  to  electric  wires, 
appliances  and  currents  for  furnishing  light,  heat  or  power 
when  introduced  into  or  placed  in  any  building  in  said  city. 
Such  proposed  ordinances  shall  prescribe  the  method  of  con- 
struction, operation,  location,  arrangement,  insulation  and  use 
of  such  wires,  appliances  and  currents,  as  said  Commissioner 

272 


shall  from  time  to  time  deem  necessary  for  the  protection  of 
life  and  property. 

Inspector  of  electric   wirhig ;   qualifications ;   all  ivires  to  be  in- 
spected;    rules,  notices,  etc.;  penalty  for  violation. 

Sec.  580.  Any  inspector  of  electric  wiring  appointed  in  the 
department  shall  have  a  technical  and  practical  knowledge  of 
the  construction  and  operation  of  electrical  lines  and  appli- 
ances. After  this  Act  takes  effect,  the  Commissioner  shall 
cause  to  be  inspected  all  such  wires,  currents  and  appliances 
that  may  be  introduced  into  or  placed  in  any  building  in  said 
city,  and  the  said  commissioner  shall  furnish  a  certificate  of 
such  inspection  t(3  any  person  or  corporation  applying  there- 
for. All  notices  of  the  violation  of  any  of  the  provisions  of 
this  section,  or  of  any  ordinances  relating  to  said  department, 
or  any  regulations,  rules  or  orders  made  thereunder  relating 
to  electrical  wires,  currents  or  appliances,  shall  be  issued  and 
served  in  the  manner  provided  in  this  act  for  the  service  of 
notices.  The  violation  of  any  of  the  provisions  of  this  section 
or  of  any  of  the  said  ordinances  or  any  rules  or  regulations 
thereunder  shall  be  deemed  to  be  a  violation  of  the  provisions 
of  the  Department  of  Buildings  of  said  city,  and  shall  subject 
the  person  or  corporation  committing  the  same  to  the  penalties 
prescribed  herein  for  such  violations. 

Removal  of  electric  wires. 

Sec.  581.  Whenever  in  the  opinion  of  the  Board  of  Public 
Improvements,  it  shall  be  practicable  to  remove  the  electrical 
conductors  above  ground  in  any  street,  avenue,  highway  or 
public  place  of  that  part  of  the  City  of  New  York  which  lies 
within  the  Boroughs  of  Manhattan  and  The  Bronx,  after 
the  grade  of  said  street;  avenue  or  highway  shall  have  been 
finally  determined  and  established,  and  to  place  the  same 
underground,  the  Commissioner  of  Public  Buildings,  Light- 
ing and  Supplies,  shall  notify  the  owners  or  operators  of 
the  electrical  conductors  above  ground  that  such  electrical 
conductors   must   be   removed   within   a   certain   time   to   be 

273 


fixed  by  said  Commissioner,  which  time  shall  be  sufficient 
for  such  removal,  and  in  the  case  of  a  corporation  duly  author- 
ized to  lay  and  operate  electrical  conductors  underground  in 
such  street,  avenue,  highway  or  public  place,  sufficient  also  for 
the  proper  laying  of  conductors  underground  in  place  of  those 
removed.  All  electrical  conductors  authorized  to  be  placed 
underground,  shall  be  placed  underground  under  and  in  accord- 
ance with  the  provisions  of  chapter  seven  hundred  and  sixteen 
of  the  laws  of  one  thousand  eight  hundred  and  eighty-seven, 
chapter  two  hundred  and  thirty -one  of  the  laws  of  one  thousand 
eight  hundred  and  ninety -one,  chapter  two  hundred  and  sixty- 
three  of  the  laws  of  one  thousand  eight  hundred  and  ninety- 
two,  and  the  laws  amendatory  thereof  and  supplemental  thereto. 
Whenever  application  shall  be  made  to  said  Commissioner  of 
Public  Buildings,  Ligliting  and  Supplies,  for  permission  to 
place  underground  electrical  conductors  in  any  street,  avenue 
highway  or  public  place  of  that  part  of  the  City  of  New  York 
which  lies  within  the  Boroughs  of  Manhattan  and  the  Bronx, 
the  subways  therefore  shall,  if  such  permission  be  granted,  be 
constructed  or  provided,  and  such  electrical  conductors  placed 
underground  under  and  in  accordance  with  said  laws.  But 
such  permission  shall  be  granted  only  in  accordance  with  the 
provisions  of  said  laws. 


Underground  electrical  conductors. 

Sec.  582.  Whenever  the  said  Board  of  Public  Improve- 
ments shall  deem  it  desirable  and  practicable,  after  hear- 
ing all  parties  interested,  that  the  electrical  conductors 
in  any  street,  avenue,  highway  or  public  place  of  the 
City  of  New  York,  lying  within  the  Boroughs  of  Brooklyn, 
Queens  and  Richmond,  be  placed  underground,  the  said  Com- 
missioner shall  notify  the  owners  or  operators  of  the  electrical 
conductors  above  ground  in  any  such  street,  avenue,  highway 
or  public  place,  that  said  electrical  conductors  shall  be  placed 
underground  within  a  certain  time  to  be  fixed  by  the  said 
Commissioner,  which  said  time  shall  be  sufficient  for  the  proper 
construction  of  underground  conduits  or  other  channels  in  said 
street,  avenue,  highway  or  public  place.     Whenever  any  duly 

274 


authorized  company  operating  or  intending  to  operate  electrical 
conductors  in  any  street,  avenue,  highway  or  public  place  in 
that  part  of  the  City  of  New  York  which  lies  within  the 
Boroughs  of  Brooklyn,  Queens  and  Richmond,  shall  desire  to 
place  its  conductors  or  any  of  them  underground,  it  shall  be 
obligatory  upon  such  company  to  file  with  the  Commissioner 
of  Public  Buildings,  Lighting  and  Supplies,  a  map  or  maps 
made  to  a  scale,  showing  the  streets  or  avenues  or  other  high- 
ways or  public  places,  which  are  desired  to  be  used  for  such 
purpose,  and  giving  the  general  location,  dimensions  and  course 
of  the  underground  conduit  desired  to  be  constructed.  Before 
any  such  conduit  shall  be  constructed  it  shall  be  necessary  to 
obtain  the  approval  by  said  Commissioner  of  said  plan  of  con- 
struction so  proposed  by  such  company,  and  said  Commissioner 
shall  have  power  to  require  that  the  work  of  removal  and  of 
constructing  every  such  system  of  underground  conductors 
shall  be  done  according  to  such  plan  so  approved. 

Id.:  Procedure  when  Board  of  Public  Improvements  determines  upoUi 

Sec.  583.  Whenever  the  Commissioner  of  Public  Building's. 
Lighting  and  Supplies,  in  accordance  with  the  resolution  of 
the  Board  of  Public  Improvements,  shall  notify  the  owners  or 
operators  of  any  electrical  conductors  in  the  City  of  New 
York,  that  said  conductors  shall  be  removed  or  placed  under- 
ground within  a  certain  time,  the  time  within  which  said 
electrical  conductors  shall  be  placed  underground  shall  be 
fixed  by  the  said  Commissioner,  giving  all  persons  or  corpora- 
tions owning  or  operating  such  electrical  conductors,  an  oppor- 
tunity to  be  heard  on  the  question  of  the  time  necessary  to 
place  said  conductors  underground,  and  after  hearing  the 
Engineer  of  Lighting  and  Electricity,  and  such  other  ex- 
pert opinion  as  the  said  Commissioner  may  think  advisable. 
Said  owners  or  operators  of  electrical  conductors  above 
ground  in  such  street  or  locality  shall  be  required  to  remove 
all  of  said  poles,  wires  or  other  electrical  conductors  and  sup- 
porting fixtures  or  other  devises  from  any  such  street  or 
locality  within  thirty  days  after  the  expiration  of  the  time  so 
fixed  by  said  Commissioner. 

275 


Id.:  Permit  necessary  to  take  tip  pavement,  etc.  Board  of  Public 
Improvement  to  determine  method  of  extensio7i.  Municipal 
Assembly  may  enact  ordinances  regulating  use,  etc. 

Sec.  584.  It  shall  be  unlawful,  after  the  passage  of  this  Act, 
for  any  person  or  corporation  to  take  up  the  pavement  of 
any  of  the  streets  and  parks  of  said  city,  or  to  excavate 
for  the  purpose  of  laying  underground  any  electrical  con- 
ductors, or  to  construct  subways,  unless  permission  in  writ- 
ing therefor  shall  have  been  first  obtained  from  the  said 
Commissioner  of  Public  Buildings,  Lighting  and  Supplies, 
endorsed  by  the  Commissioner  of  Highways.  And  except 
with  a  like  permission  therefor  no  electrical  conductors, 
poles,  wires  or  other  electrical  devices  or  fixtures  shall  be  con- 
structed, erected,  strung,  laid  or  maintained  above  or  below  the 
surface  of  any  street,  avenue,  highway  or  other  public  place,  in 
any  part  of  said  city.  And  the  said  Commissioner  of  Public 
Buildings,  Lighting  and  Supplies  shall  determine  whether  any 
extension  of  the  existing  electrical  conductors  of  any  person  or 
corporation  in  said  city  shall  be  by  means  of  overhead  or 
underground  conductors.  And  the  Municipal  Assembly  may 
establish,  and  may  from  time  to  time  enact  ordinances  regu- 
lating all  the  construction,  maintenance,  use  and  management 
of  the  electrical  conductors,  poles  and  fixtures  above  ground, 
the  conduits  and  subways  therefor  constructed  underground, 
and  for  regulating  the  number  and  location  of  overhead  lines» 

The  four  preceding  sections  to  be  police  regulations. 

Sec.  585.  The  provisions  of  the  four  preceding  sections  of 
this  Act  are  made  police  regulations  in  and  for  the  City  of 
New  York,  and  in  case  the  several  owners  of  said  poles,  wires 
or  other  electrical  conductors,  fixtures,  and  devices  shall  not 
cause  them  to  be  removed  from  such  streets  or  localities  as 
required  by  said  Commissioner  or  by  the  determination  of  the 
Board  of  Public  Improvements,  or  shall  neglect  or  refuse  to 
comply  with  any  of  the  ordinances  as  herein  provided,  it  shall 
be  the  duty  of  the  said  Commissioner  to  cause  the  same  to  be 
removed  from  said  streets,  roads,  avenues,  lanes,  parks  and 
public  places. 

276 


Former  boards  to  turn  over  maps,  etc.,  to  Commissioner. 

Sec.  586.  The  Board  of  Electrical  Control  in  and  for  the 
City  of  New  York  and  the  Mayor  and  Commissioner  of  City 
Works  of  the  City  of  Brooklyn,  acting  as  Commissioners  of 
Electrical  Subways  of  the  City  of  Brooklyn,  are  hereby  re- 
quired and  directed  to  turn  over  and  deliver  to  the  Commis- 
sioner of  Public  Buildings,  Lighting  and  Supplies,  within  thirty 
days  after  this  Act  shall  take  effect,  all  maps,  plans,  models, 
books  and  papers  relating  to  the  construction  and  location  of 
electrical  conductors,  conduits  or  subways  filed  with  or  com- 
municated to  said  Commissioner,  and  all  official  records  and 
papers  of  every  kind  in  their  possession. 


Separate  contracts  for  lighting  each  Borough  ;  duty  of  Commis^ 
sioner. 

Sec.  587.  The  Commissioner  of  Lighting  and  Electricity 
under  and  in  conformity  to  the  ordinance  regulating  contracts 
shall  prepare  the  terms  and  specifications  under  which  con- 
tracts shall  be  made  for  lighting  the  streets,  public  buildings 
and  parks  of  said  city.  Separate  contracts  shall  be  made  for 
such  lighting  in  each  of  the  boroughs  of  The  City  of  New 
York,  or  in  such  subdivisions  of  the  city  as  may  appear  to  the 
Board  of  Public  Improvements  and  the  Municipal  Assembly  to 
be  for  the  best  interests  of  said  city.  The  number,  kind  and 
location  of  lights  to  be  furnished  under  each  of  said  contracts 
shall  be  determined  and  prescribed  by  the  Commissioner  of 
Public  Buildings,  Lighting  and  Supplies.  Such  bids  shall  be 
prepared  and  advertised  for,  and  such  contracts  shall  be  exe- 
cuted in  the  manner  prescribed  for  herein  as  to  other  contracts 
entered  into  by  said  city  or  the  departments  thereof. 

Contracts  shall  be  made  for  the  term  of  one  year  and  shall  be 
awarded  to  the  lowest  bidder,  unless  the  Board  of  Public 
Improvements  by  a  vote  of  a  majority  of  its  members,  of 
whom  the  Mayor  and  Comptroller  shall  be  two,  shall  deter- 
mine that  it  is  for  the  public  interest  that  a  bid  other  than  the 
lowest  should  be  accepted.  Contracts  made  for  a  given 
Borough  or  district  shall  include  all  lights  of  a  given  kind  used 

277 


by  said  city  in  said  borough  or  district  then  ordered  or  there- 
after to  be  ordered  by  said  Commissioner  during  the  term  of 
said  contract.  But  no  bid  shall  be  entertained  unless  the  said 
Commissioner  shall  be  satisfied  that  the  party  or  parties  bid- 
ding are  possessed  of  sufficient  plant  to  carry  out  the  provis- 
ions of  the  contract. 


Deiiolution  of  powers  of  former  boards. 

Sec.  588.  All  powers  and  duties  conferred  or  imposed  upon 
the  corporation  heretofore  known  as  the  Mayor,  Aldermen 
and  Coin  nonalty  of  the  City  of  New  York,  or  upon  any  of  the 
officers,  or  any  Board  thereof,  or  upon  the  Board  of  Electrical 
Control  in  and  for  the  City  of  New  York,  or  upon  the  corpor- 
ation known  as  the  City  of  Brooklyn,  or  upon  any  of  the  offi- 
cers or  any  Board  thereof,  or  upon  any  Board  of  Commis- 
sioners of  Electrical  Subways  therein,  or  upon  the  corporation 
known  as  Long  Island  City,  or  upon  any  of  the  officer?,  or  any 
Board  thereof,  or  upon  any  other  municipal  corporation,  town 
or  village,  or  any  Board  of  Public  Officers  existing  or  acting 
within  the  territory  of  the  County  of  Richmond,  or  within  so 
much  ol  the  territory  of  the  County  of  Queens  as  is  by  this  Act 
annexed  to  the  corporation  known  as  The  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  so  far  as  such 
powers  and  duties  in  any  way  relate  to  the  construction^ 
repairs,  cleaning  and  maintenance  of  public  buildings,  includ- 
ing markets,  except  school  houses,  alms  houses,  penitentiaries 
and  the  like,  and  fire  and  police  station  houses,  and  to  furnish- 
ing the  city,  or  any  part  thereof,  with  gas,  electricity,  or  any 
other  illuminant,  or  of  steam ;  the  selecting,  locating  and  re- 
moving and  changing  of  lights  for  the  use  of  the  city ;  the 
inspecting  and  testing  of  gas  and  electricity  used  for  lights 
heating  and  power  purposes,  gas  meters,  electric  meters,  elec- 
tric wires  and  of  all  lights  furnished  to  said  city  ;  and  the  use 
and  transmission  of  electricity  for  all  purposes  in,  upon,  across^ 
over  and  under  all  streets,  roads,  avenues,  parks,  public  places 
and  public  buildings ;  the  construction  of  electric  mains,  con- 
duits, conductors  and  subways  in  any  such  streets,  roads^ 
avenues,  parks,  and  public  places  and  the  granting  of  the  per- 

278 


mission  to  open  streets,  and  lo  open  same  for  the  purpose  of 
carrying  on  therein  tiie  business  of  using  and  selling  electricity 
or  steam,  or  for  the  service  of  pneumatic  tubes,  the  care  of  all 
offices  leased  or  occupied  for  public  uses  ;  the  location,  care, 
management  and  maintenance  of  the  public  baths  ;  the  loca- 
tion, erection,  establishment  and  maintenance  of  public  urinals  ; 
the  purchase  of  fuel,  furniture,  utensils,  books,  stationary,  and 
other  articles  needed  for  the  public  offices,  so  far  as  such 
powers  are  consistent  with  and  conformable  to  the  provisions 
of  this  Act,  are  hereby  conferred  and  imposed  upon  the  City 
of  New  York  as  constituted  by  this  Act,  and  as  a  matter  of 
administration  are  devolved  upon  the  Commissioner  of  Public 
Buildings,  Lighting  and  Supplies,  to  be  by  him  exercised,  per- 
formed and  executed  according  to  the  provisions,  directions 
and  limitations  of  this  Act. 


Title  9. 
Department  of  Bridges. 

Commissioner,  appointment,  term  and  salary. 

Sec.  594.  The  Head  of  the  Department  of  Bridges  shall  be 
called  the  Commissioner  of  Bridges.  He  shall  be  appointed 
by  the  Mayor  and  hold  office  as  provided  in  Chapter  IV  of 
this  Act.  His  salary  shall  be  seven  thousand  five  hundred 
dollars  a  year. 

Id.:  jurisdiction. 

Sec.  595.  The  Commissioner  of  Bridges  shall  have  cogniz- 
ance and  control — 

(i)  Of  the  management  and  maintenance  of  the  New  York 
and  Brooklyn  Bridge. 

ii79 


(2)  Of  the  operation  of  the  railroad  on  the  New  York  and 
Brooklyn  Bridge. 

(3)  Of  the  collection  of  fares  and  of  tolls  on  the  New  York 
and  Brooklyn  Bridge. 

(4)  Of  the  construction,  repair,  maintenance  and  manage- 
ment of  all  other  bridges,  that  may  at  any  time  hereafter  be 
constructed  in  whole  or  in  part  at  the  expense  of  the  City  of 
New  York,  or  that  may  be  acquired  by  said  city. 

(5)  Of  the  construction,  repair  and  maintenance  of  all  other 
bridges  that  are  or  may  be  in  whole  or  in  part  a  public  charge, 
not  included  in  public  parks,  within  the  territory  of  The  City 
of  New  York,  except  the  East  River  Bridge,  authorized  by 
Chapter  789,  Laws  of  1895. 

Id  :   To  7nake  daily  report  to  Comptroller. 

Sec.  596.  The  said  Commissioner  shall  keep  accurate  ac- 
counts of  all  moneys  received  or  collected  by  his  Department 
for  fares,tolls,  and  any  other  purpose,  in  such  form  as  the  Comp- 
troller of  the  City  or  the  Ordinances  of  the  Municipal  Assemb- 
ly shall  require,  and  he  shall  pay  over  the  same  daily  to  the 
Chamberlain  and  make  a  daily  report  of  the  same  to  the  Comp- 
troller. 

Persons  not  affected  by  passage  of  this  Act ;  exceptions. 

Sec.  597.  The  engineers,  officers  and  subordinates,  with  the 
exception  of  the  attorneys  and  counsel,  of  the  New  York  and 
Brooklyn  Bridge  in  office  or  employment  at  the  time  of  the 
passage  of  this  Act  and  heretofore  appointed  by  the  Trustees 
of  the  New  York  and  Brooklyn  Bridge  shall  not  be  affected 
by  the  passage  of  this  Act  so  far  as  their  positions  are  con- 
cerned, but  shall  continue  to  hold  such  places  and  positions 
under  the  Commissioner  of  Bridges,  subject  to  the  provisions 
of  this  Act. 

The  New  York  and  Brooklyn  Bridge,  a  public  liighway. 
Sec.  598.  The  New  York  and  Brooklyn  Bridge  is  hereby  de- 

280 


clared  to  be  a  public  highway  for  the  purpose  of  rendering  travel 
between  the  Boroughs  of  Manhattan  and  Brooklyn  certain  and 
safe  at  all  times,  subject  to  such  tolls  and  prudential  and  police 
regulations  as  the  Municipal  Assembly  shall  adopt  and  pre- 
scribe ;  provided,  however,  that  the  passageway  of  the  bridge 
now  set  apart  for  foot  passengers  shall  remain  free  and  open 
to  all  pedestrians  coming  or  going  at  all  times. 


Concurrent  jurisdiction   in  Boroughs  of  Nezv  York  and  Brooklyn 
over  crimes,  etc.,  committed  on  the  said  bridge. 

Sec.  599.  Concurrent  jurisdiction  shall  be  possessed  by  all 
Courts  located  in  the  Borough  of  Manhattan,  and  b}'  all  Courts 
located  in  the  Borough  of  Brooklyn,  and  by  the  judicial  and 
administrative  offices  of  the  City  of  New  York,  over  all  crimes 
and  ofTences,  committed  upon  said  Bridge  and  upon  any  other 
bridge  that  may  hereafter  be  erected  between  the  two 
Boroughs.  It  shall  be  the  duty  of  the  said  Commissioner  of 
Bridges,  and  he  hereby  is  authorized  to  execute  the  ordinances 
of  the  Municipal  Assembly,  relative  to  said  Bridges  and  to 
have  in  immediate  charge,  the  control  and  disposition  of  such 
members  of  the  Police  Force  of  the  City  of  New  York,  as 
may  be  assigned  for  duty  in  his  Department. 

Certain  acts  declared  to  be  misdemeanors,  penalties  for. 

Sec.  600.  Any  person  wilfully  doing  any  injury  to  any  of 
said  bridges  or  any  of  their  appurtenances,  shall  forfeit  and 
pay  to  the  said  City  of  New  York  three  times  the  amount  of 
such  injury,  and  shall  be  deemed  guilty  of  a  misdemeanor,  and 
be  subject  to  a  penalty  not  exceeding  five  hundred  dollars, 
and  to  imprisonment  not  exceeding  six  months,  in  the  dis- 
cretion of  the  Court. 

Devolution  of  power  of  former  boards,  etc. 

Sec.  601.  Upon  the  appointment  of  the  Commissioner  of 
Bridges,  the  respective  offices  of  the  Trustees  of  the  New  York 
and  Brooklyn  Bridge  shall  be  and  they  hereby  are  declared 

281 


abolished  and  all  the  powers  and  duties  vested  in  and  devolved 
upon  said  Trustees  of  the  New  York  and  Brooklyn  Bridge  by 
any  law  or  statute  shall,  so  far  as  they  are  consistent  with  and 
conformable  to  the  provisions  of  this  Act,  be  devolved  upon 
the  Commissioner  of  Bridges  of  the  City  of  New  York  and 
upon  the  Municipal  Assembly,  and  they  shall  in  all  respects 
exercise  such  duties  and  perform  such  powers,  subject,  how- 
ever, to  the  provisions,  directions  and  limitations  of  this  Act. 


282 


CHAPTER  XL 

■  DEPARTMENT  OF  PARKS. 

Title  1.     The  Parks  of  the  City. 
2.     The  Art  Commission. 

Title  1. 
the  parks. 

Administrative  Jurisdiction  ;  Board;  President ;  Salaries;  Branch 
Offices. 

Section  607.  The  head  of  the  Department  of  Parks  shall  be 
called  the  Park  Board.  Said  Board  shall  consist  of  three  mem- 
bers who  shall  be  known  as  Commissioners  of  Parks  of  the  City 
of  New  York.  They  shall  be  appointed  by  the  Mayor  and  shall 
hold  their  respective  offices  as  provided  in  Chapter  IV  of  this 
Act.  One  of  said  Commissioners  shall  be  the  President  of  the 
Board,  and  shall  be  so  designated  by  the  Mayor.  In  appoint- 
ing such  Commissioners,  the  Mayor  shall  specify  the  Borough 
or  Boroughs  in  which  they  are  respectively  to  have  administra- 
tive jurisdiction,  to  wit:  one  in  the  Boroughs  of  Manhattan 
and  Richmond ;  one  in  the  Borough  of  The  Bronx ;  and  one  in 
the  Boroughs  of  Brooklyn  and  Queens.  The  principal  office  of 
the  Department  of  Parks  shall  be  in  the  Borough  of  Manhattan. 
There  shall  be  branch  offices  in  the  Boroughs  of  Brooklyn  and 
The  Bronx,  and  a  branch  office  may  be  established  in  the 
Borough  of  Queens,  or  the  Borough  of  Richmond,  in  the  dis- 
cretion of  the  Board.  At  any  time  when  requested  so  to  do  by 
said  Board,  the  Mayor  may  make  a  new  specification  of  the 
Borough  or  Boroughs  in  which  said  Commissioners  are  respectively 
to  have  administrative  jurisdiction.  The  salary  of  each  of  said 
Commissioners  shall  be  five  thousand  dollars  a  year. 

283 


Title  to  Park's,  Squares  and  Public  Places. 

Sec.  608.  The  title  to  each  and  all  of  the  parks,  parkways, 
squares  and  public  places  comprised  within  and  belonging  to  the 
corporation  heretofore  known  as  The  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York,  or  the  corporation  heretofore 
known  as  the  City  of  Brooklyn,  or  the  corporation  heretofore 
known  as  Long  Island  City,  or  the  County  of  Kings,  or  the 
County  of  Richmond,  or  which  are  owned  by  the  County  of 
Queens  and  are  comprised  within  that  portion  of  said  county 
which  is  included  in  the  City  of  New  York,  as  constituted  by 
this  Act,  or  belonging  to  any  of  the  sub-divisions  of  said  coun- 
ties, is  hereby  vested  in  the  City  of  New  York,  as  hereby 
constituted. 

Gifts  of  Real  and  Personal  Property. 

Sec.  609.  Real  and  personal  property  may  be  granted,  de- 
vised, bequeathed,  or  conveyed  to  the  City  of  New  York,  as 
constituted  by  this  Act,  for  the  purposes  of  the  improvement  or 
ornamentation  of  the  parks,  squares  or  public  places  in  said  city, 
or  for  the  establishment  or  maintenance,  within  the  limits  of 
any  such  park,  square  or  public  place,  of  museums,  zoological, 
botanical,  or  other  gardens,  collections  of  natural  history',  ob- 
servatories, or  works  of  art,  upon  such  trusts  and  conditions  as 
may  be  prescribed  by  the  grantors  or  donors  thereof,  and  be 
accepted  by  the  Department ;  and  all  property  so  devised, 
granted,  bequeathed,  or  conveyed,  and  the  rents,  issues,  profits, 
and  income  and  increase  thereof  shall  be  subject  to  the  manage- 
ment, direction  and  control  of  the  Commissioner  for  the  Borough 
or  Boroughs  in  which  the  same  is  situated  or  to  which  it  ap- 
pertains, and  except  such  surplus  animals  and  duplicate  speci- 
mens as  the  Park  Board  may  deem  it  judicious  to  dispose  of  by 
sale  or  otherwise,  the  same  shall  be  forever  properly  protected, 
preserved,  and  arranged  for  public  use  and  enjoyment,  subject 
to  such  rules  and  regulations  as  the  Park  Board  may  prescribe. 
The  said  Board  shall  hereafter,  with  its  annual  report,  make  a 
statement  of  the  condition  of  all  the  gifts,  devises  and  bequests 
of  the  previous  year,  and  of  the  names  of  the  persons  making 
the  same. 

284 


General  Powers  of  the  Board;  Ordinances. 

Sec.  610.  The  Park  Board  shall  by  a  vote  of  a  majority  of  its 
members  have  power  to  establish  general  rules  and  regulations 
for  the  administration  of  the  Department,  which  rules  and  regu- 
lations so  far  as  practicable  shall  be  uniform  in  all  the  Boroughs. 
Said  Board  shall  have  power  to  appoint  a  secretary,  and,  within 
the  limit  of  its  appropriation,  to  appoint  such  subordinate  officers 
as  may  be  necessary  for  the  proper  conduct  of  the  office  of  the 
Department.  The  Board  shall  also  have  power  by  a  vote  of  a 
majority  of  its  members  to  enact  ordinances  for  the  government 
and  protection  of  all  parks,  parkways,  squares  and  public  places 
within  the  City,  and  the  same  shall  at  all  times.be  subject  to  all 
such  ordinances  as  to  the  use  and  occupation  thereof  and  in 
respect  to  any  erections  or  encumbrances  thereon.  Any  person 
violating  any  of  such  ordinances  shall  be  guilty  of  a  misdemeanor 
and  shall  on  conviction  before  a  City  Magistrate  be  punished  by 
a  fine  not  exceeding  fifty  dollars,  or  in  default  of  payment  of  such 
fine  by  imprisonment  not  exceeding  thirty  days. 

Landscape  Architect ;  Appointment  and  Duties. 

Sec.  611.  The  Board  shall  also  appoint  without  definite 
term  a  landscape  architect,  skilled  and  expert,  whose  assent 
shall  be  requisite  to  all  plans  and  works  or  changes  thereof  re- 
specting the  conformation,  development  or  ornamentation  of  any 
of  the  parks,  squares,  or  public  places  of  the  City,  to  the  end 
that  the  same  may  be  uniform  and  symmetrical  at  all  times.  It 
shall  be  the  duty  of  such  architect,  from  time  to  time,  to  pre- 
pare and  submit  to  the  Board,  or  to  any  Commissioner,  as  he 
may  deem  proper,  or  as  he  may  be  requested  by  said  Board  or 
by  any  Commissioner,  plans  for  works  or  changes  thereof  respect- 
ing the  parks,  parkways,  squares  or  public  places  of  the  City. 
The  salary  of  said  architect  shall  be  fixed  by  the  Board  within 
the  proper  appropriation. 

General  Powers  of  Commissioners  as  to  the  management  of  Parks. 

Sec.  612.    Subject  to  such  general  rules  and  regulations  as  shall 

285 


be  established  by  the  Board,  each  Commissioner  shall  have  charge 
of  the  management  and  be  responsible  for  the  care  of  all  such  parks, 
parkways,  squares  and  public  places  as  are  situated  in  the  Bor- 
ough or  Boroughs  over  which  he  has  jurisdiction,  and  of  the  streets 
and  avenues  immediately  adjoining  the  same ;  but  such  jurisdic- 
tion shall  not  extend  to  nor  include  the  buildings  which  are  now 
or  may  hereafter  be  erected  in  such  parks,  squares  or  public 
places  for  governmental  purposes,  other  than  those  of  the  Depart- 
ment of  Parks.  It  shall  be  the  duty  of  each  Commissioner, 
subject  to  such  general  rules  and  regulations  and  in  conformity 
therewith,  to  maintain  the  beauty  and  utility  of  all  such  parks, 
squares  and  public  places  as  are  situated  within  his  jurisdiction, 
and  to  institute  and  execute  all  measures  for  the  improvement 
thereof  for  ornamental  purposes  and  for  the  beneficial  uses  of 
the  people  of  the  City.  Subject  to  the  general  rules  and  regu- 
lations established  by  the  Board,  each  Commissioner  shall  have 
power  to  determine  the  line  or  curb  and  the  surface  construction 
of  all  streets  and  avenues  lying  within  a  distance  of  three  hun- 
dred and  fifty  feet  from  the  outer  boundaries  of  any  park,  square 
or  public  place  in  his  jurisdiction ;  and  he  shall  also  have  power 
to  plant  trees  and  to  construct,  erect  and  establish  seats,  drink- 
ing fountains,  statues  and  works  of  art,  when  he  may  deem  it 
tasteful  or  appropriate  so  to  do,  on  any  part  of  the  public 
streets  and  avenues  within  such  environment,  subject  to  the  pro- 
visions of  Title  Two  of  this  Chapter,  and  to  determine  when 
and  where  new  lamps  or  lighting  appliances  shall  be  placed  and 
lighted. 

Maintenance  and  Management  of  Buildings  in  Parks. 

Sec.  613.  It  shall  be  the  duty  of  the  Commissioner  for 
the  Boroughs  of  Manhattan  and  Richmond  to  maintain  the 
meteorological  and  astronomical  observatory,  the  Museum  of 
Natural  History,  the  Metropolitan  Museum  of  Art  in  Central 
Park,  the  Aquarium  in  Battery  Place,  and  such  other  build- 
ings as  now  are  or  may  hereafter  be  erected  in  such  parks  or 
in  any  other  park,  square  or  public  place  under  his  juris- 
diction by  authority  of  the  Municipal  Assembly.  It  shall  be 
the  duty  of  the  Commissioner  for  the   Boroughs  of  Brooklyn 

286 


and  Queens  to  maintain  the  Brooklyn  Institute  of  Arts  and 
Sciences,  and  such  other  buildings  as  now  are  or  may  hereafter 
be  erected  in  any  park,  square  or  public  place  under  his  juris- 
diction by  authority  of  the  Municipal  Assembly,  It  shall  be 
the  duty  of  the  Commissioner  for  the  Borough  of  The  Bronx 
to  maintain  the  New  York  Botanical  Garden  and  the  buildings 
appurtenant  thereto,  and  such  other  institutions  or  buildings  as 
may  be  established  or  erected  in  any  park,  square  or  public  place 
in  his  jurisdiction  by  authority  of  the  Municipal  Assembly.  It 
shall  be  the  duty  of  the  several  Commissioners  to  provide  the 
necessary  instruments,  furniture  and  equipments  for  the  several 
buildings  and  institutions  within  their  respective  jurisdictions, 
and,  with  the  authority  of  the  Municipal  Assembly,  to  develop 
and  improve  the  same,  and  to  erect  additional  buildings ;  but  the 
maintenance  of  all  such  buildings  and  institutions  shall  be  sub- 
ject to  the  provisions  of  the  Acts  incorporating  said  institutions, 
or  either  of  them,  and  the  Acts  amendatory  thereof,  and  to  the 
powers  of  said  corporations  thereunder,  and  of  the  boards  by 
such  Acts  created  or  provided  for ;  and  shall  also  be  subject  to  and 
in  conformity  with  such  contracts  and  agreements  as  have  hereto- 
fore been  made  with  such  institutions  respectively,  and  are  in  force 
and  effect  when  this  Act  takes  effect,  or  as  may  be  hereafter 
made  by  the  authority  of  the  Municipal  Assembly,  and  no 
moneys  shall  be  expended  for  such  purposes  unless  an  appropria- 
tion therefor  has  been  made  by  the  Board  of  Estimate  and  Ap- 
portionment and  the  Municipal  Assembly.  Out  of  the  moneys 
annually  appropriated  for  the  maintenance  of  parks  each  Com- 
missioner may  apply  such  sum  as  shall  be  fixed  by  the  Board  of 
Estimate  and  Apportionment  for  the  keeping,  preservation  and 
exhibition  of  the  collections  placed  or  contained  in  buildings  or 
institutions  now  situated  or  hereafter  erected  in  the  parks,  squares 
or  public  places  under  the  jurisdiction  of  such  Commissioner. 

Appointment  of  subordinate  officers. 

Sec.  614.  Each  Commissioner  shall  have  power  to  ap- 
point such  superintendents,  engineers,  subordinates,  clerks  and 
assistants  as  may  be  necessary  for  the  efficient  performance  of 
the  duties   of   ttie    Department    respecting   the   parks,   squares 

387 


and  public  places  within  his  jurisdiction,  and  as  may  be  author- 
ized by  the  Municipal  Assembly  and  provided  for  by  the  proper 
appropriation.  He  shall,  subject  to  the  approval  of  the  Board, 
fix  the  salaries  of  his  appointees  within  the  limits  of  such  appro- 
priation. Each  Commissioner  shall  also  have  power  to  employ 
all  of  the  mechanics,  agents  or  laborers  needed  or  required  for 
the  work  of  the  Department  in  the  parks,  squares  and  public 
places  in  his  jurisdiction  within  the  limits  of  the  proper  appro- 
priation, and  to  arrange  and  classify  the  various  appointees  and 
employees  in  such  manner  and  under  such  titles  or  designations 
as  the  Board  may  prescribe.  Each  Commissioner  shall  have  in 
immediate  charge  the  control  and  disposition  of  such  members 
of  the  Police  Force  of  the  City  of  New  York,  as  constituted  by 
this  Act,  as  may  be  assigned  for  duty  in  the  parks,  squares  or 
public  places  subject  to  his  jurisdiction. 

Permits  to  buildings  for  fire  apparatus. 

Sec.  615,  Each  Commissioner  is  hereby  authorized  in  his 
discretion,  on  the  application  in  writing  of  the  Fire  Commissioner, 
to  permit  a  building  or  buildings  for  fire  apparatus  to  be  placed 
in  any  of  the  parks,  squares  or  public  places  situated  within  the 
jurisdiction  of  such  Commissioner  of  Parks,  provided  the  same 
are  so  located  and  constructed  as,  in  the  judgment  of  the  Com- 
missioner granting  such  permission,  will  not  disfigure  or  encum- 
ber the  same,  or  interfere  with  the  purposes  of  public  use  and 
recreation,  but  will  tend  to  the  protection  of  the  public  and  their 
property. 

General  Powers  of  Commissioners  under  Former  Acts. 

Sec.  616.  The  Commissioner  for  the  Boroughs  of  Manhattan 
and  Richmond  shall  in  addition  to  the  powers,  rights  and  duties 
expressly  conferred  or  imposed  upon  him  by  this  Act,  possess 
and  exercise  all  the  powers,  rights  and  duties  and  shall  be  sub- 
ject to  all  the  obligations  heretofore  vested  in,  conferred  upon 
or  required  of  the  corporation  known  as  The  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  or  the  Department 
of  Parks  in  said  city,  or  the  Commissioners  of  Parks,  or  in  any 
other  board,  body  or  officer  therein  or  thereof,  or  in  any  com- 

288 


mission,  commissioner,  body,  board  or  officer  in  or  for  the 
County  of  Richmond,  so  far  as  such  powers,  rights,  duties  and 
obligations  concern  or  affect  the  control,  care,  management, 
government,  extension,  maintenance  or  administrative  jurisdic- 
tion of  the  parks,  squares  and  other  public  places  situated  or 
lying  within  the  Boroughs  of  Manhattan  and  Richmond  or  either 
of  them  at  the  time  this  Act  takes  effect  or  which  may  thereafter 
be  opened  or  established  therein,  so  far  as  the  same  are  not  in- 
consistent with  this  Act.  The  Commissioner  for  the  Borough  of 
The  Bronx  shall,  in  addition  to  the  powers,  rights  and  duties 
expressly  conferred  or  imposed  upon  him  by  this  Act,  possess  and 
exercise  all  the  aforesaid  powers,  rights,  duties  and  shall  be  sub- 
ject to  all  the  aforesaid  obligations  so  far  as  such  powers,  rights, 
duties  and  obligations  concern  or  affect  the  care,  management, 
control,  government,  extension,  maintenance  or  administrative 
jurisdiction  of  the  parks,  squares  and  other  public  places  situated 
or  lying  within  the  Borough  of  The  Bronx  at  the  time  this  Act 
takes  effect,  or  which  may  thereafter  be  opened  or  established 
therein,  so  far  as  the  same  are  not  inconsistent  with  this  Act. 
The  Commissioner  for  the  Boroughs  of  Brooklyn  and  Queens 
shall  in  addition  to  the  powers,  rights  and  duties  expressly  con- 
ferred or  imposed  upon  him  by  this  Act,  possess  and  exercise  all 
the  powers,  rights  and  duties  and  shall  be  subject  to  all  the  obli- 
gations heretofore  vested  in  or  conferred  upon,  or  required  of  the 
corporation  known  as  the  City  of  Brooklyn,  or  the  Department 
of  Parks  in  and  for  said  city,  or  the  Commissioners  of  Parks,  or 
any  commission,  commissioner,  body,  board  or  officer  of  said 
city  or  of  the  County  of  Kings,  or  in  any  commissioner,  body, 
board  or  officer  in  or  for  that  portion  of  the  County  of  Queens 
which  is  included  in  The  City  of  New  York  as  constituted  by  this 
Act,  so  far  as  such  powers,  rights,  duties  and  obligations  concern 
or  affect  the  control,  care,  management,  government,  extension, 
maintenance  or  administrative  jurisdiction  of  the  parks,  squares 
and  other  public  places  situated  or  lying  within  the  Boroughs  of 
Brooklyn  and  Queens,  or  either  of  them,  at  the  time  this  Act  takes 
effect  or  which  may  be  thereafter  opened  or  established  therein, 
so  far  as  the  same  are  not  inconsistent  with  this  Act. 


289 


Accounts;   Annual  Estimates;    Expenditures. 

Sec.  617.  Each  Commissioner  shall  keep  accurate  and  de- 
tailed accounts,  in  a  form  approved  by  the  Commissioners  of 
Accounts,  of  all  moneys  received  and  expended  by  him,  the 
sources  from  which  they  are  received  and  the  purposes  for  which 
they  are  expended,  and  shall  prepare  itemized  monthly  state- 
ments of  all  receipts  and  expenditures  in  duplicate,  one  of  which 
statements,  together  with  all  vouchers,  shall  be  filed  with  the 
Comptroller,  and  one  of  which  shall  be  filed  in  his  own  office. 
Each  Commissioner  shall,  on  or  before  the  first  day  of 
September  in  each  year  prepare  an  itemized  estimate  of  his 
necessary  expenses  for  the  ensuing  fiscal  year  and  present  the 
same  to  the  Board.  The  three  estimates  so  prepared,  as  revised 
by  the  Board,  shall  together  constitute  the  annual  estimate  of 
the  Department  of  Parks,  and  shall  be  submitted  to  the  Board 
of  Estimate  and  Apportionment  within  the  time  prescribed  by 
this  Act  for  the  submission  of  estimates  for  the  several  Depart- 
ments of  the  City.  No  Commissioner  shall  incur  any  expense 
for  any  purpose  in  excess  of  the  amount  appropriated  therefor; 
nor  shall  he  expend  any  money  so  appropriated  for  any  purpose 
other  than  that  for  which  it  was  appropriated.  The  Com.mis- 
sioner  for  the  Boroughs  of  Manhattan  and  Richmond  shall 
annually  include  in  his  estimate  of  the  amount  necessary  for 
the  maintenance  of  the  Parks,  the  sums  now  authorized  by 
law  for  the  maintenance  of  the  American  Museum  of  Natural 
History  and  the  Metropolitan  Museum  of  Art,  not  exceeding, 
however,  ninety-five  thousand  dollars  per  annum  for  each  of 
the  said  Museums.  It  shall  be  the  duty  of  the  Board  of  Esti- 
mate and  Apportionment  and  of  the  Municipal  Assembly  to 
provide  in  the  annual  budget  the  proportionate  part  of  the 
appropriation  for  the  Department  of  Parks  applicable  to  the 
administration  of  the  Department  in  each  Borough  of  the  City, 
Borough  by  Borough. 

Advertisements  for  Supplies. 

Sec.  618.  The  Board  shall  from  time  to  time  as  may  be 
necessary,  advertise   in   the   City  Record  and  corporation  news- 

290 


papers  for  not  less  than  ten  days,  for  proposals  for  such  articles 
and  supplies  as  shall  be  necessary  to  be  used  in  the  parks,  squares 
and  public  places  of  the  City,  and  shall  award  contracts  for  the 
same  to  the  lowest  bidders  who  shall  give  adequate  security  for 
the  faithful  performance  of  such  contracts,  excepting  such  perish- 
able articles  as  may  be  excepted  by  the  rules  and  regulations  of 
the  Board.  In  case  of  an  emergency  each  Commissioner  may 
purchase  articles  immediately  required  without  calling  for  com- 
petition at  an  expense  not  exceeding  one  thousand  dollars  during 
any  one  month. 

Battery  Place;   Boat  Landings. 

Sec.  619.  The  Commissioner  for  the  Boroughs  of  Manhattan 
and  Richmond  shall  have  power  and  control  over  all  that  por- 
tion of  Battery  Place  lying  south  of  the  line  of  the  south  side  of 
Pier  No.  1,  North  River,  and  west  of  the  easterly  line  of  West 
street,  extended  in  a  southerly  direction,  and  also  over  the  waters 
of  the  North  River  and  soil  under  the  waters  thereof,  in  front  of 
said  portion  of  Battery  Place,  and  to  the  extent  of  two  hundred 
feet  westerly  from  the  westerly  end  of  said  Battery  Place ;  and 
it  shall  be  lawful  for  such  Commissioner  to  erect,  construct  and 
maintain  on  said  part  of  Battery  Place,  and  over  or  on  the  lands 
under  water  before  mentioned,  suitable  buildings,  docks,  piers,  or 
basins  for  the  accommodation  of  small  boats  that  may  be  engaged 
in  the  business  of  attending  on  shipping  lying  in  the  said  river,  or 
the  bay  or  harbor  of  New  York,  and  also  to  make,  prescribe  and 
enforce,  from  time  to  time,  such  rules  and  regulations,  for  the 
use  and  enjoyment  of  the  same,  as  to  the  Commissioner  shall  seem 
meet  and  proper  for  the  public  interest.  Such  Commissioner  may 
also  prescribe  and  enforce  like  rules  and  ordinances  for  the  control 
and  government  of  all  small  boats  frequenting  or  using  the  water 
basin  at  the  south  end  of  the  Battery. 

Harlem  River  Improvement. 

Sec.  620.  It  shall  be  the  duty  of  the  Commissioner  for  the 
Boroughs  of  Manhattan  and  Richmond  to  continue  and  com- 
plete every  and  all  plan  or  plans,  work  or  construction,  respect- 

291 


ing  the  improvement  of  Harlem  River,  heretofore  devolved  upon 
the  Department  of  Public  Parks  of  the  corporation  known  as 
The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  by  Chapter  five  hundred  and  thirty-four  of  the  laws  of 
eighteen  hundred  and  seventy-one,  and  by  all  acts  or  parts  of 
acts  amendatory  thereof,  so  far  as  the  same  remain  to  be  contin- 
ued and  completed  according  to  the  provisions  of  that  act  or  its 
amendments. 

Metropolitan  Museum  of  Art. 

Sec.  621.  The  Commissioner  for  the  Boroughs  of  Manhat- 
tan and  Richmond  is  hereby  authorized  and  directed  to  continue 
the  contract  with  the  Metropolitan  Museum  of  Art  for  the  occu- 
pation by  it  of  the  buildings  erected  or  to  be  erected  on  that 
portion  of  the  Central  Park  east  of  the  old  receiving  reservoir, 
and  bounded  on  the  west  by  the  drive,  on  the  east  by  the  Fifth 
avenue,  on  the  south  by  a  continuation  of  Eightieth  street,  and 
on  the  north  by  a  continuation  of  Eighty-fifth  street,  and  for 
transferring  thereto,  and  establishing,  and  maintaining  therein 
its  museum,  library,  and  collections,  and  carrying  out  the  objects 
and  purposes  of  the  said  Museum  of  Art. 

American  Museum  of  Natural  History. 

Sec.  622.  The  Commissioner  for  the  Boroughs  of  Manhat- 
tan and  Richmond  is  hereby  authorized  and  directed  to  continue 
the  contract  with  the  American  Museum  of  Natural  History  for 
the  occupation  by  it  of  the  building  erected,  or  to  be  erected,  on 
that  portion  of  the  Central  Park  formerly  known  as  Manhattan 
Square,  and  for  establishing  and  maintaining  therein  its  museums 
library  and  collections,  and  carrying  out  the  objects  and  pur- 
poses of  said  Museum. 

New  York  Public  Library. 

Sec.  623.  Whenever,  pursuant  to  lawful  authority,  the  land 
at  present  occupied  by  the  reservoir  at  Fifth  Avenue  and  For- 
tieth and  Forty-second  Streets  shall  be  made  a  public  park,  and 
the  removal  of  said  reservoir  shall  have  been  duly  authorized  and 
directed,  the  Commissioner  for  the  Boroughs  of  Manhattan  and 

292 


^ 


Richmond  is  hereby  authorized  and  directed  to  make  and  enter 
into  a  contract  with  the  New  York  Public  Library,  Astor,  Lenox 
and  Tilden  foundations,  a  corporation  duly  organized  under  the 
laws  of  this  State,  for  the  use  and  occupation  of  said  land,  or  of 
any  part  thereof,  by  the  said  corporation  and  its  successors,  for 
establishing  and  maintaining  thereon  a  free  public  library  and 
reading  room,  and  for  carrying  out  the  objects  and  purposes 
of  said  corporation  in  accordance  with  the  provisions  of  the 
agreement  of  consolidation  between  the  trustees  of  the  Astor 
Library,  of  the  Lenox  Library  and  of  the  Tilden  Trust,  and  the 
several  acts  incorporating  the  said  several  corporations ;  and  said 
contract  may  provide  that  such  use  and  occupation  shall  continue 
so  long  as  the  said  the  New  York  Public  Library,  Astor,  Lenox 
and  Tilden  foundations,  or  its  successors,  shall  maintain  such 
free  public  library  and  reading  room  upon  said  land. 

Brooklyn  Institute  of  A  rts  and  Sciences. 

Sec.  624.  The  Commissioner  for  the  Boroughs  of  Brooklyn 
and  Queens  is  hereby  authorized  and  directed  to  continue  the 
contract  and  lease  with  the  Brooklyn  Institute  of  Arts  and 
Sciences,  for  the  occupation  by  it  of  park  lands  and  of  a  building 
or  buildings  erected  or  to  be  erected  on  that  portion  of  Prospect 
Park  bounded  by  the  Eastern  Parkway  on  the  north,  Washing- 
ton Avenue  on  the  east,  a  line  parallel  to  Old  President  street, 
and  one  hundred  feet  south  of  the  southerly  line  of  said  street, 
on  the  south,  and  on  the  west  by  the  easterly  line  of  land 
reserved  for  the  Prospect  Hill  Reservoir,  and  in  continuation 
thereof,  for  establishing  and  maintaining  therein  its  museum, 
library,  and  collections.  For  carrying  out  the  plans  and  purposes 
of  said  Institute  and  for  the  maintenance  of  said  museum  build- 
ing or  buildings,  and  for  the  keeping,  preservation  and  exhibi- 
tion of  collections  placed  therein,  a  sum  not  less  than  twenty 
thousand  dollars  shall  be  appropriated  annually  by  the  said  City 
of  New  York,  as  constituted  by  this  Act. 

New  York  Botakical  Garden. 

Sec.    625.     The    Commissioner    for   the    Borough    of   The*' 
Bronx  is  hereby  authorized  and  directed  to  carry  out  the  exist- 

293 


ing  contract  made  by  and  between  the  Department  of  Parks  of 
the  corporation  heretofore  known  as  The  Mayor,  Aldermen  and 
Commonalty  of  the  City  of  New  York  and  the  Board  of  Man- 
agers of  the  corporation  known  as  the  New  York  Botanical 
Garden  pursuant  to  the  provisions  of  chapter  two  hundred  and 
eighty-five  of  the  laws  of  eighteen  hundred  and  ninety-one,' 
entitled  "An  Act  to  provide  for  the  establishment  of  a  botanic 
garden  and  museum  and  arboretum  in  Bronx  Park  in  the  City  of 
New  York  and  to  incorporate  The  New  York  Botanical  Gar- 
den for  carrying  on  the  same",  as  amended  by  Chapter  one  hun  •• 
dred  and  three  of  the  laws  of  eighteen  hundred  and  ninety- 
four,  which  contract  provides  for  the  allotting  and  setting 
apart  for  the  uses  of  said  garden  of  two  hundred  and  fifty  acres 
of  land  or  less  in  the  northern  part  of  Bronx  Park  as  shown  upon 
a  certain  map  thereof  numbered  five  hundred  and  sixty-eight, 
and  signed  by  Messrs.  Vaux  and  Parsons,  and  filed  with  the 
former  Department  of  Public  Parks  of  the  corporation  known 
as  The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York. 

New  York  Zoological  Garden. 

Sec.  626.  The  Commissioner  for  the  Borough  of  The  Bronx  i& 
hereby  authorized  and  directed  to  carry  out  the  contract  made 
by  and  between  the  Department  of  Public  Parks  and  the  Sinking 
Fund  Commissioners  of  the  corporation  heretofore  known  as  The 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York^ 
with  the  Board  of  Managers  of  the  corporation  known  as  The 
New  York  Zoological  Society,  pursuant  to  the  provisions  of 
chapter  four  hundred  and  thirty-five  of  the  Laws  of  eighteen 
hundred  and  ninety-five,  entitled  "An  Act  to  incorporate 
The  New  York  Zoological  Society  and  to  provide  for  the  establish- 
ment of  a  zoological  garden  in  the  City  of  New  York"  if  such  a 
contract  shall  have  been  entered  into  prior  to  the  passage  of 
this  act.  If  no  such  contract  shall  have  been  entered  into  by 
the  said  Department  of  Parks  and  the  said  Sinking  Fund  Com- 
missioners prior  to  the  passage  of  this  Act,  then  and  in  that  case 
the  said  Commissioner  for  the  Borough  of  The  Bronx,  with  the 
consent  and  approval  of  the  Sinking  Fund  Commissioners  of  The 

294 


City  of  New  York,  as  constituted  by  this  Act,  is  hereby  author- 
ized to  enter  into  a  contract  in  behalf  of  The  City  of  New  York 
with  said  New  York  Zoological  Society  allotting  and  setting 
apart  for  the  use  of  said  Society,  a  tract  of  land  in  Bronx  Park 
in  said  Borough  of  The  Bronx  upon  such  terms  and  conditions 
as  shall  be  approved  by  the  said  Commissioner  and  said  Sinking 
Fund  Commissioners. 

Military  Encampments  and  Evolutions  ;  Public  Fairs. 

Sec.  627.  No  military  encampment,  parade,  drill,  review,  or 
other  military  evolution,  or  exercise,  shall  be  held  or  performed 
in  any  park,  or  in  any  part  thereof ;  nor  shall  any  military  com- 
pany, regiment,  or  other  military  body,  enter  or  move  in  mili- 
tary order  within  any  park  without  permit  from  the  Commis- 
sioner within  whose  jurisdiction  such  park  is  situated.  No  mili- 
tary officer  shall  have  authority  to  order,  direct,  or  hold  any  such 
parade,  drill,  review,  or  other  evolutions  or  exercise,  or  encamp- 
ment within  said  park,  except  in  case  of  riot,  insurrection,  re^ 
beilion,  or  war,  without  such  permit.  It  shall  not  be  lawful  to 
grant,  use  or  occupy,  for  the  purposes  of  a  public  fair  or  exhibi- 
tion, any  portion  of  any  park,  square  or  public  place. 


Title  2. 
art  commission. 
Art  Commission;  how  co7istituted. 

Sec.  633.     There  shall  be  an  Art  Commission  for  the  City  of 
New  York  composed  as  follows: 

1.  The  Mayor  of  The  City  of  New  York.  -^ 

2.  The  President  of  the  Metropolitan  Museum  of 

Art. 

3.  The  President  of  the  New  York  Public  Library ) 

— (Astor,  Lenox  and  Tilden  Foundations). 

4.  The  President  of  the  Brooklyn  Institute  of  Arts 

and  Sciences.  ) 

295 


Ex 

Officio, 


One  painter,  one  sculptor  and  one  architect,  all  residents 
of  The  City  of  New  York ;  and  three  other  residents  of  said 
City,  none  of  whom  shall  be  a  painter,  sculptor  or  architect 
or  member  of  any  other  profession  in  the  Fine  Arts.  All  of 
the  six  last  mentioned  shall  be  appointed  by  the  Mayor  from  a 
list,  of  not  less  than  three  times  the  number  to  be  appointed, 
proposed  by  the  Fine  Arts  Federation  of  New  York. 

In  all  matters  of  which  such  Commission  takes  cognizance 
pertaining  to  work  under  the  special  charge  of  a  Commissioner 
or  Department,  the  Commissioner  having  such  special  charge 
shall  act  as  a  member  of  the  Commission. 

Members  of  Commission  ;  how  chosen  ;  vacancies. 

Sec.  634.  The  painter,  sculptor  and  architect,  members  of 
the  Commission,  shall  choose  by  lot  one,  two  and  three  year 
terms  of  office ;  the  three  other  appointed  members  of  the 
Commission  shall  also  choose  by  lot  one,  two  and  three  year 
terms  of  office,  and  the  appointment  of  their  successors,  after 
the  expiration  of  the  first  year  of  this  Commission,  shall  be  for 
a  term  of  three  years.  All  appointments  to  fill  vacancies  shall 
be  for  the  unexpired  term. 

In  case  any  vacancy  shall  occur  in  the  Commission,  by 
reason  of  death,  resignation,  incapacity,  refusal  to  serve,  or 
otherwise,  the  vacancy  shall  be  filled  by  appointment,  as  pro- 
vided in  section  633  of  this  Act.  In  case  the  Fine  Arts 
Federation  shall  fail  to  present  a  list  of  nominees  as  aforesaid 
within  three  months  from  the  time  when  any  appointment  is 
to  be  made,  the  Mayor  shall  appoint  without  such  nomina- 
tion. 

Officers. 

Sec.  635.  The  Commission  shall  serve  without  compensation 
as  such,  and  shall  elect  a  President,  Vice-President  and  Secre- 
tary from  its  own  members,  whose  terms  of  office  shall  be  for 
one  year  and  until  their  successors  are  elected  and  have 
qualified.  The  Commission  shall  have  power  to  adopt  its 
own  rules  of  procedure.  Five  Commissioners  shall  constitute 
a  quorum. 

296 


Offices  to  be  provided ;  expenses,  how  met. 

Sec.  636.  Suitable  offices  shall  be  provided  for  the  Com- 
mission by  the  Board  of  Estimate  and  Apportionment.  The 
expenses  of  the  Commission  shall  be  paid  by  the  City  and  the 
amount  of  the  same  shall  be  fixed  annually  by  the  Board  of 
Estimate  and  Apportionment  and  the  Municipal  Assembly. 

All  works  of  art  to  be  submitted  to  and  approved  by  the  Commission. 

Sec.  637.  Hereafter  no  work  of  art  shall  become  the  prop- 
erty of  the  City  of  New  York,  by  purchase,  gift  or  otherwise, 
unless  such  work  of  art,  or  a  design  of  the  same,  together  with 
a  statement  of  the  proposed  location  of  such  work  of  art,  shall 
first  have  been  submitted  to  and  approved  by  the  Commission  ; 
nor  shall  such  work  of  art  until  so  approved  be  erected  or 
placed  in  or  upon,  or  allowed  to  extend  over  or  upon  any 
street,  avenue,  square  common,  park,  municipal  building,  or 
other  public  place  belonging  to  the  city.  The  Commission 
may  when  they  deem  proper  also  require  a  complete  model  of 
the  proposed  work  of  art  to  be  submitted.  The  term  "  work 
of  art "  as  used  in  this  title  shall  apply  to  and  include  all  paint- 
ings, mural  decorations, stained  glass,  statues,  bas  reliefs  or  other 
sculptures  ;  monuments,  fountains,  arches,  or  other  structures  of 
a  permanent  character  intended  for  ornament  or  commemora- 
tion. No  existing  work  of  art  in  the  possession  of  the  City  shall 
be  removed,  re-located  or  altered  in  any  way  without  the  similar 
approval  of  the  Commission,  except  as  provided  in  section 
six  hundred  and  thirty-nine  of  this  Act.  When  so  requested 
by  the  Mayor  or  the  Municipal  Assembly  the  Commission 
shall  act  in  a  similar  capacity,  with  similar  powers,  in  respect 
of  the  designs  of  municipal  buildings,  bridges,  approaches, 
gates,  fences,  lamps  or  other  structures  erected  or  to  be  erected 
upon  land  belonging  to  the  City,  and  in  respect  of  the  lines, 
grades  and  plotting  of  public  ways  and  grounds,  and  in  respect 
of  arches,  bridges,  structures  and  approaches  which  are  the 
property  of  any  corporation  or  private  individual,  and  which 
shall  extend  over  or  upon  any  street,  avenue,  highway,  park  or 
public  place  belonging  to  the  City.  But  this  section  shall  not 
be  construed  as  intended  to  impair  the  power  of  the  Park 

297 


Board  to  refuse  its  consent  to  the  erection  or  acceptance  of 
public  monuments  or  memorials  or  other  works  of  art  of  any 
sort  within  any  park,  square  or  public  place  in  the  city. 

Time  for  "fecision  limited. 

Sec.  638.  If  the  Commission  shall  fail  to  decide  upon  any 
matter  submitted  to  it  within  sixty  days  after  such  submission, 
its  decision  shall  be  deemed  unnecessary. 

Removal  or  re-location  of  works  of  art ;  duty  of  Commission. 

Sec.  639.  In  case  the  immediate  removal  or  re-location  of  any 
existing  work  of  art  shall  be  deemed  necessary  by  the  Mayor, 
the  Commission  shall  within  forty-eight  hours  after  notice 
from  him  approve  or  disapprove  of  such  removal  or  re-location, 
and  in  case  of  their  failure  so  to  act  within  forty-eight  hours 
after  the  receipt  of  such  notice,  they  shall  be  deemed  to  have 
approved  of  the  same. 


29« 


Chapter  XII. 
DEPARTMENT  OF  BUILDINGS. 

Appointment  of  Commissioners;  qualifications;  jurisdiction;  salaries. 

Sec.  644.  The  head  of  the  Department  of  Buildings  shall 
be  called  the  Board  of  Buildina:s.  Said  Board  shall  consist  of 
three  members  to  be  known  as  Commissioners  of  Buildings. 
They  shall  be  appointed  by  the  Mayor  and  shall  hold  their 
respective  offices  as  provided  in  Chapter  IV.  of  this  Act. 
Each  of  said  Commissioners  shall  be  a  competent  architect  or 
builder  of  at  least  ten  years'  experience.  One  of  said  Commis- 
sioners shall  be  the  President  of  the  Board,  and  shall  be  so  de- 
signated by  the  Mayor.  In  appointing  such  Commissioners  the 
Mayor  shall  specify  the  Borough  or  Boroughs  in  which  they 
are  respectively  to  have  administrative  jurisdiction,  to  wit: 
one  in  the  Boroughs  of  Manhattan  and  The  Bronx ;  one  in  the 
Borough  of  Brooklyn ;  and  one  in  the  Boroughs  of  Queens  and 
Richmond.  The  principal  office  of  the  Department  of  Build- 
ings shall  be  in  the  Borough  of  Manhattan.  There  shall  be  a 
branch  office  in  the  Borough  of  Brooklyn,  and  a  branch  office 
may  be  established  in  any  of  the  other  Boroughs,  in  the 
discretion  of  the  Board.  The  salary  of  the  Commissioner 
of  Buildings  for  the  Boroughs  of  Manhattan  and  The  Bronx, 
and  the  salary  of  the  Commissioner  of  Buildings  for  the 
Borough  of  Brooklyn,  shall  in  each  case  be  seven  thousand 
dollars  a  year.  The  salary  of  the  Commissioner  of  Buildings 
for  the  Boroughs  of  Queens  and  Richmond  shall  be  Three 
thousand  five  hundred  dollars  a  year. 

Rules  and  regulations. 

Sec.  645.  The  Board  shall  have  the  power,  by  a  vote  of  a 
majority    of    its    members,    to    establish    general    rules    and 

299 


regulations  for  the  administration  of  the  Department,  and 
such  other  rules  and  regulations  as  were  authorized  by 
law  at  the  time  of  the  passage  of  this  Act  to  be  established 
by  the  Superintendent  of  Buildings  in  the  City  of  New 
York,  or  by  the  Commissioner  of  the  Department  of  Build- 
ings in  the  City  of  Brooklyn,  as  said  cities  were  formerly 
constituted.  Such  rules  and  regulations  shall,  so  far  as  prac- 
ticable, be  uniform  in  all  the  Boroughs,  but  the  Board 
shall  have  power,  from  time  to  time,  to .  amend  or  repeal 
such  rules  and  regulations  when  in  the  opinion  of  a 
majority  of  the  Commissioners  it  shall  seem  necessary  or 
desirable.  The  Board  shall  also  have  power  to  appoint  a  Sec- 
retary, and  within  the  limits  of  its  appropriation  to  appoint 
such  subordinate  officers  as  may  be  necessary  for  the  proper 
conduct  of  the  office  of  the  Department. 

General  powers  of  Commissioners  under  existing  laws. 

Sec.  646.  The  Commissioner  for  the  Boroughs  of  Manhattan 
and  The  Bronx  shall  within  such  Boroughs,  in  addition  to  the 
powers,  rights  and  duties  expressly  conferred  or  imposed  upon 
him  by  this  Act,  possess  and  exercise  all  the  powers,  rights  and 
duties  and  shall  be  subject  to  all  the  obligations  heretofore 
vested  in,  conferred  upon  or  required  of  the  Department  of 
Buildings  or  the  Superintendent  of  Buildings  in  the  City  of 
New  York  as  heretofore  constituted,  except  in  so  far  as  the 
same  are  inconsistent  with  or  are  modified  by  this  Act. 
The  Commissioner  for  the  Borough  of  Brooklyn  shall  within 
such  Borough,  in  addition  to  the  powers,  rights  and  duties 
expressly  conferred  or  imposed  upon  him  by  this  Act,  possess 
and  exercise  all  the  powers,  rights  and  duties,  and  shall  be 
subject  to  all  the  obligations  heretofore  vested  in,  conferred 
upon  or  required  of  the  Department  of  Buildings  or  the 
Commissioner  of  the  Department  of  Buildings  in  the  City  of 
Brooklyn  as  heretofore  constituted,  except  in  so  far  as  the  same 
are  inconsistent  with  or  are  modified  by  this  Act.  The  Com- 
missioner for  the  Boroughs  of  Queens  and  Richmond  shall 
within  such  Boroughs  respectively,  in  addition  to  the 
powers,  rights  and  duties  expressly  conferred  or  imposed 
upon     him    by    this     Act,    possess     and     exercise     all     the 

300 


powers,  rights  and  duties  and  shall  be  subject  to  all 
the  obligations  heretofore  vested  in,  conferred  upon  or 
required  of  any  department,  commission,  board  or  officer 
of  Long  Island  City  as  heretofore  constituted,  or  of  any 
town  or  village  as  heretofore  constituted  which  is  comprised 
within  that  portion  of  the  County  of  Queens  included  in  the 
City  of  New  York  as  constituted  by  this  Act,  or  which  is 
vested  in,  conferred  upon  or  required  of  any  department, 
commission,  board  or  officer  of  any  town  or  village  in  the 
County  of  Richmond  as  heretofore  constituted,  so  far  as  such 
powers,  rights,  duties  and  obligations  concern,  affect  or  relate 
to  the  construction,  alteration  or  removal  of  any  building  or 
structure  erected  or  to  be  erected  within  said  Boroughs  or 
either  of  them,  except  in  so  far  as  the  same  are  inconsistent 
with   or  are  modified  by  this  Act. 

Continuation  and  repeal  of  existing  laws;  Building  Code. 

Sec.  647.  The  several  acts  in  effect  at  the  time  of  the  passage 
of  this  Act  concerning,  affecting,  or  relating  to  the  construction, 
alteration  or  removal  of  buildings  or  other  structures  in  any  of 
the  municipal  and  public  corporations  included  within  The 
City  of  New  York  as  constituted  by  this  Act  are  hereby  con- 
tinued in  full  force  and  effect  in  such  municipal  and  public 
corporations  respectively,  except  in  so  far  as  the  same  are  incon- 
sistent with  or  are  modified  by  this  Act ;  provided,  however, 
that  the  Municipal  Assembly  shall  have  power  to  establish 
and  from  time  to  time  to  amend  a  code  of  ordinances,  to 
be  known  as  the  "  Building  Code,"  providing  for  all  matters 
concerning,  affecting,  or  relating  to  the  construction,  altera- 
tion, or  removal  of  buildings  or  structures  erected  or  to 
be  erected  in  The  City  of  New  York,  as  constituted  by  this 
Act,  and  for  the  purpose  of  preparing  such  code  to  appoint 
and  employ  a  commission  of  experts ;  and  provided  further 
that  upon  the  establishment  of  such  code  the  several  acts  first 
above  mentioned  shall  cease  to  have  any  force  or  effect,  and 
are  hereby  repealed,  but  such  repeal  shall  not  take  effect  until 
such  "Building  Code"  shall  be  established  by  the  Municipal 
Assembly  as  herein  provided. 

The  provisions  of  such  "  Building  Code  "  shall  be  in  conform- 

301 


ity  with  and  be  subject  to  all  general  laws  of  the  State  concern- 
ing, affecting,  or  relating  to  buildings,  or  classes  of  buildings, 
or  other  structures. 

Duties  of  Commissionexs;  appointment  and  removal  of  subordinates^ 

Sec.  648.  Each  Commissioner  shall,  within  the  Borough  of 
Boroughs  in  which  he  is  appointed  to  exercise  administrative 
jurisdiction,  have  charge  of  the  administration  of,  and  it  shall 
be  his  duty,  subject  to  and  in  accordance  with  the  general 
rules  and  regulations  established  by  the  Board,  to  enforce  such 
rules  and  regulations  and  the  provisions  of  this  Chapter  and  of 
such  ordinances  as  may  be  established  by  the  Municipal 
Assembly  and  of  the  laws  relating  to  the  construction,  altera- 
tion or  removal  of  buildings  or  other  structures  erected  or  to 
be  erected  within  such  Borough  or  Boroughs.  Each  Commis- 
sioner within  the  limits  of  his  appropriation  shall  have  power 
to  appoint  and  at  pleasure  to  remove  subordinate  officers, 
as  follows :  such  Superintendents  of  Buildings,  and  such  In- 
spectors of  Buildings,  Engineers,  Clerks,  Messengers,  Assistants 
and  other  subordinates  as  in  his  judgment  may  be  necessary 
and  proper  to  carry  out  and  enforce  such  rules  and  regu- 
lations and  ordinances  and  the  provisions  of  said  laws 
and  of  this  Chapter  within  the  Borough  or  Boroughs 
under  his  jurisdiction.  The  Superintendents  of  Buildings 
shall  each  be  a  competent  architect,  engineer  or  builder  of  at 
least  ten  years'  practice.  The  Inspectors  shall  be  competent 
men,  either  architects,  engineers,  masons,  carpenters,  plumbers 
or  iron  workers,  who  shall  have  served  at  least  five  years  as  such. 
It  shall  not  be  lawful  for  any  officer  or  employee  in  the  Depart- 
ment to  be  engaged  in  conducting  or  carrying  on  business  as 
an  architect,  civil  engineer,  carpenter,  plumber,  iron- worker, 
mason  or  builder  while  holding  office  in  the  Department.  Each 
Commissioner  shall  have  power  to  designate  in  writing  one  of 
the  Superintendents  of  Buildings  or  any  of  the  Inspectors  so 
appointed  by  him  to  act  on  any  survey  authorized  by  law,  or 
to  perform  such  other  duties  as  the  said  Commissioner  may 
direct.  Each  Commissioner  may  designate  a  Superintendent 
of  Buildings,  who,  during  the  absence  or  inability  of  such 
Commissioner,  shall  possess  all  the  powers  and  perform  all  the 

302 


duties  of  such  Commissioner.  Any  employee,  for  any  neglect 
of  duty,  or  omission  to  properly  perform  his  duty,  for 
violation  of  rules,  or  neglect  or  disobedience  of  orders,  or 
incapacity,  or  absence  without  leave,  may  be  punished  by  the 
Commissioner  appointing  him  by  forfeiting  and  withholding 
pay  for  a  specified  time,  or  by  suspension  from  duty  with  or 
without  pay ;  but  this  provision  shall  not  be  deemed  to  abridge 
the  right  of  said  Commissioner  to  remove  or  dismiss  any 
Inspector  of  Buildings  or  other  subordinate  appointed  by  him 
or  by  any  predecessor  in  office  from  the  service  of  the  Depart- 
ment at  any  time  in  his  discretion. 

Decisions  of  Commissioners  ;  appeals. 

Sec.  649.  Each  Commissioner  shall  have  power  and  it  shall 
be  his  duty,  subject  to  the  provisions  of  law  and  the  ordinances 
of  the  Municipal  Assembly  and  the  general  rules  and  regu- 
lations established  by  the  Board,  to  pass  upon  any  ques- 
tion relative  to  the  mode,  manner  of  construction  or  ma- 
terials to  be  used  in  the  erection  or  alteration  of  any  build- 
ing or  other  structure  erected  or  to  be  erected  within  the 
Borough  or  Boroughs  under  his  jurisdiction  which  is  included 
within  the  provisions  of  this  Chapter  or  of  any  existing  law 
applicable  to  such  Borough  or  Boroughs  relating  to  the  con- 
struction, alteration  or  removal  of  buildings  or  other  structures, 
and  to  require  that  such  mode,  manner  of  construction,  or 
materials  shall  conform  to  the  true  intent  and  meaning  of  the 
several  provisions  of  this  Chapter  and  ot  the  laws  and  ordinances 
aforesaid  and  the  rules  and  regulations  established  by  the  Board. 
Whenever  a  Commissioner  to  whom  such  question  has  been 
submitted  shall  reject  or  refuse  to  approve  the  mode,  manner 
of  construction  or  materials  proposed  to  be  followed  or  used 
in  the  erection  or  alteration  of  any  such  building  or  structure, 
or  when  it  is  claimed  that  the  rules  and  regulations  of  the  Board 
or  the  provisions  of  law  or  of  said  ordinances  do  not  apply  or 
that  an  equally  good  and  more  desirable  form  of  construction 
can  be  employed  in  any  specific  case,  the  owner  of  such  build- 
ing or  structure,  or  his  duly  authorized  agent,  may  appeal 
from  the  decision  of  such  Commissioner  to  the  Board  in  any 
case  where  the  amount  involved  by  such  decision  shall  exceed 

303 


the  sum  of  one  thousand  dollars ;  provided,  however,  that  in  the 
Boroughs  of  Manhattan  and  The  Bronx  such  appeal  shall  be 
taken  to  the  Board  of  Examiners,  established  by  Chapter  four 
hundred  and  fifty-six  of  the  laws  of  eighteen  hundred  and 
eighty-five  and  the  several  acts  amendatory  thereof  or  sup- 
plemental thereto.  The  Commissioner  for  the  Boroughs  of 
Manhattan  and  The  Bronx  shall  be  ex-officio  a  member  and 
the  Chairman  of  said  Board  of  Examiners.  The  other  mem- 
bers of  said  Board  of  Examiners  shall  be  the  persons  mentioned 
and  described  in  section  thirty-one  of  said  Chapter  four  hundred 
and  fifty-six  of  the  laws  of  eighteen  hundred  and  eighty-five. 
The  appeal  authorized  by  this  section  may  be  taken  within  ten 
days  from  the  entry  of  a  decision  upon  the  records  of  the  Com- 
missioner by  filing  with  the  Commissioner  rendering  such 
decision  and  with  the  Secretary  of  the  Board  established  by  this 
Act  or  with  the  Clerk  of  the  Board  of  Examiners,  as  the  case 
may  be,  a  notice  of  appeal  stating  specifically  the  questions 
which  the  appellant  desires  to  have  passed  upon  by  the  Board 
of  Buildings  or  by  the  Board  of  Examiners,  as  the  case  may  be, 
and  by  filing  with  the  Secretary  of  the  Board  of  Buildings  or 
the  Clerk  of  the  Board  of  Examiners,  as  the  case  may  be, 
copies  of  all  papers  required  by  law  or  by  the  rules  and  regu- 
lations of  the  Board  of  Buildings  to  be  submitted  to  the  Com- 
missioner upon  an  application  for  a  building  permit,  and  the 
Board  of  Buildings  or  the  Board  of  Examiners,  as  the  case  may 
be,  shall  thereafter  fix  a  day  within  a  reasonable  time  for  the 
hearing  of  such  appeal,  and  upon  such  hearing  the  appellant 
may  be  represented  either  in  person  or  by  his  agent  or  attor- 
ney. The  decision  of  the  Board  of  Buildings  or  the  Board 
of  Examiners,  as  the  case  may  be,  upon  such  appeal,  shall  be 
rendered  without  unnecessary  delay  and  such  decision  shall 
be  final. 

Power  to  vary  the  provisions  of  law. 

Sec.  650.  Each  Commissioner  shall  have  power  with  the  ap- 
proval of  the  Board  to  vary  or  modify  any  rule  or  regu- 
lation of  the  Board  or  the  provisions  of  this  Chapter  or  of 
any  existing  law  or  ordinance  relating  to  the  construction, 
alteration   or  removal  of  any   building  or    structure  erected 

304 


or  to  be  erected  within  his  jurisdiction  upon  an  application  to 
him  therefor  in  writing  by  the  owner  of  such  building-  or 
structure,  or  his  duly  authorized  agent,  where  there  are  prac- 
tical difficulties  in  the  way  of  carrying  out  the  strict  letter  ot 
the  law,  so  that  the  spirit  of  the  law  shall  be  observed  and 
public  safety  secured  and  substantial  justice  done  ;  but  no  such 
variation  or  modification  shall  be  granted  or  allowed  except 
by  vote  of  a  majority  of  the  Board.  Where  such  application 
has  been  filed  with  a  Commissioner  the  owner  of  such  building 
or  structure  or  his  duly  authorized  agent  shall  have  the  right 
to  present  a  petition  to  such  Commissioner  and  the  Board 
setting  forth  the  grounds  for  the  desired  variation  or  modi- 
fication, and  raiy  appear  before  said  Board  and  be  heard. 
The  Board  shall  fix  a  date  within  a  reasonable  time  for  a 
hearing  upon  such  application  and  shall  as  soon  as  prac- 
ticable render  a  decision  thereon,  which  decision  shall  be 
final.  The  particulars  of  each  such  application  and  of  the 
decision  of  the  Board  thereon  shall  be  entered  upon  the 
records  of  the  Board,  and  if  the  application  is  granted  a  certi- 
ficate therefor  shall  be  issued  by  the  Commissioner  to  whom 
the  application  is  made  and  shall  be  countersigned  by  the 
Secretary  of  the  Board. 

Accounts;  annual  estimates ;  expenditures. 

Sec.  651.  Each  Commissioner  shall  keep  accurate  and  de- 
tailed accounts,  in  a  form  approved  by  the  Commissioners  of 
Accounts  of  all  moneys  received  and  expended  by  him,  the 
sources  from  which  they  are  received  and  the  purposes  for  which 
they  are  expended,  and  shall  prepare  itemized  monthly  state- 
ments of  all  receipts  and  expenditures  in  duplicate,  one  of 
which  statements,  together  with  all  vouchers,  shall  be  filed 
with  the  Comptroller,  and  one  of  which  shall  be  filed  in  his 
own  office.  Each  Commissioner  shall,  on  or  before  the  first 
day  of  September  in  each  year  prepare  an  itemized  estimate  of 
his  necessary  expenses  for  the  ensuing  fiscal  year  and  present 
the  same  to  the  Board.  The  three  estimates  so  prepared  as 
revised  by  the  Board  shall  together  constitute  the  annual  esti- 
mate of  the  Department  of  Buildings,  and  shall  be  submitted 
to  the  Board  of  Estimate  and  Apportionment  within  the  time 

306 


prescribed  by  this  Act  for  the  submission  of  estimates  for  the 
several  departments  of  the  city.  No  Commissioner  shall  incur 
any  expense  for  any  purpose  in  excess  of  the  amount  appro- 
priated therefor  ;  nor  shall  he  expend  any  money  so  appropri- 
ated for  any  purpose  other  than  that  for  which  it  was  appro- 
priated. 

Record  of  applications. 

Sec.  652.  Each  Commissioner  shall  keep  a  record  of  all  ap- 
plications presented  to  him  concerning,  affecting  or  relating  to 
the  construction,  alteration  or  removal  of  buildings  or  other 
structures.  Such  record  shall  include  the  date  of  the  filing  of 
each  such  application ;  the  name  and  address  of  the  applicant ; 
the  name  and  address  of  the  owner  of  the  land  on  which  the 
structure  mentioned  in  such  application  is  situated;  the  names 
and  addresses  of  the  architect  and  builder  employed  thereon;  a 
designation  of  the  premises  by  street  number,  or  otherwise 
sufficient  to  identify  the  same;  a  statement  of  the  nature  and 
proposed  use  of  such  structure ;  and  a  brief  statement  of  the 
nature  of  the  application,  together  with  a  memorandum  of  the 
decision  of  the  Commissioner  upon  such  application  and  the 
date  of  the  rendition  of  such  decision.  The  books  contain- 
ing such  records  are  hereby  declared  to  be  public  records, 
and  shaU  be  open  to  inspection  at  all  reasonable  times. 


306 


CHAPTER  XIII. 

DEPARTMENT   OF   PUBLIC   CHARITIES. 

Jurisdiction:     Salary. 

Sec.  658.  The  head  of  the  Department  of  Public  Charities 
shall  be  called  the  Board  of  Public  Charities.  Said  Board  shall 
consist  of  three  Commissioners,  who  shall  be  designated  Com- 
missioners of  Public  Charities  of  The  City  of  New  York.  They 
shall  be  appointed  by  the  Mayor  and  hold  their  respective  offices, 
as  provided  in  Chapter  IV  of  this  Act.  One  of  said  Commis- 
sioners shall  be  the  President  of  said  Board,  and  shall  be  so  desig- 
nated by  the  Mayor.  In  appointing  such  Commissioners  the 
Mayor  shall  specify  the  Borough  or  Boroughs  in  which  they  are 
respectively  to  have  administrative  jurisdiction,  to  wit :  one  in 
the  Boroughs  of  Manhattan  and  The  Bronx :  one  in  the  Bor- 
oughs of  Brooklyn  and  Queens ;  one  in  the  Borough  of  Rich- 
mond. The  salary  of  the  Commissioner  for  the  Boroughs  of 
Manhattan  and  The  Bronx,  and  of  the  Commissioner  for  the 
Boroughs  of  Brooklyn  and  Queens  shall  in  each  case  be  seven 
,  thousand  five  hundred  dollars  a  year.  The  salary  of  the  Com- 
missioner for  the  Borough  of  Richmond  shall  be  two  thousand 
five  hundred  dollars  a  year.  The  principal  office  of  the  Depart- 
ment shall  be  in  the  Borough  of  Manhattan.  There  shall  be  a 
branch  office  in  each  of  the  other  Boroughs. 

Rules  and  regulations  ;   subordinate  officers. 

Sec.  659.  The  said  Board  shall  by  a  vote  of  a  majority  of  its 
members  have  power  to  establish  general  rules  and  regulations  for 
the  administration  of  the  Department  and  the  government  of  the 
institutions  under  the  jurisdiction  of  said  several  Commissioners, 
except  the  institutions  specified  in  section  661  of  this  Act,  and 
such  general  rules  and  regulations  shall  be  so  far  as  practicable 

307 


uniform  in  all  the  Boroughs.  Subject  to  such  general  rules  and 
regulations  each  Commissioner  shall  have  jurisdiction  over  the 
several  classes  of  public  institutions  hereinafter  specified  which 
are  situated  or  may  hereafter  be  established  within  the  Borough 
or  Boroughs  for  which  he  is  appointed.  The  Commissioner  for 
the  Boroughs  of  Manhattan  and  The  Bronx,  and  the  Commis- 
sioner of  the  Boroughs  of  Brooklyn  and  Queens,  shall  each  have 
power  to  appoint  and  at  pleasure  to  remove  a  deputy.  Each 
deputy  so  appointed  shall  during  the  absence  or  disability  of  the 
Commissioner  appointing  him  possess  all  the  powers  and  per- 
form all  the  duties  of  such  Commissioner,  except  the  powers 
conferred  by  sections  661  and  664  of  this  Act.  Whenever  such 
absence  or  disability  shall  continue  for  five  days,  or  in  the  judg- 
ment of  the  Mayor  it  is  necessary,  either  of  the  other  Commis- 
sioners may  be  designated  by  him  to  exercise  such  powers.  The 
Board  of  Estimate  and  Apportionment  and  the  Municipal  Assem- 
bly may  from  time  to  time  provide  for  additional  deputies  in  the 
last  named  Boroughs  and  also  for  a  deputy  in  the  Borough  of 
Richmond.  Any  deputy  to  serve  in  the  Borough  of  Richmond 
shall  be  appointed  by  the  Commissioner  having  administrative 
jurisdiction  therein,  and  shall  be  subject  to  removal  at  his 
pleasure.  Each  of  the  Commissioners,  within  the  limits  of  his 
appropriation,  shall  have  power  to  appoint  and  at  pleasure  to 
remove  such  subordinate  officers  and  assistants  as  may  be  neces- 
sary for  the  efificient  performance  of  his  duties  as  such  Commis- 
sioner. The  Board  shall  have  power  to  appoint  a  secretary,  and, 
within  the  limit  of  its  appropriation,  to  appoint  such  subordinate 
officers  as  may  be  necessary  for  the  proper  conduct  of  the  office 
of  the  Department. 

Public  institutions  under  tJu  jurisdiction  of  the  Commissioners. 

Sec.  660.  Each  Commissioner  shall  have  jurisdiction  over  and 
it  shall  be  his  duty  to  take  charge  of  and  to  establish  and  enforce 
rules  and  regulations,  not  inconsistent  with  the  general  rules  and 
regulations  established  by  the  Board,  for  the  government  of  the 
following  described  classes  of  public  institutions  situated  within 
the  Borough  or  Boroughs  for  which  he  is  appointed,  viz.  ;  all 
hospitals,  asylums,  almshouses  and  other  institutions  belonging 

308 


to  or  hereafter  acquired  or  established  by  the  City  of  New  York, 
which  are  or  shall  be  devoted  to  the  care  of  the  feeble  minded, 
the  sick,  the  infirm  and  the  destitute ;  except  hospital  wards 
attached  to  penitentiaries  and  to  other  prisons  and  institutions 
under  the  jurisdiction  of  the  Department  of  Correction ;  and 
except  such  hospitals  as  are  or  may  hereafter  be  established  and 
conducted  by  the  Department  of  Health  pursuant  to  law ;  and 
except  the  House  of  Refuge  for  Juvenile  Delinquents  and  the 
House  of  Detention  for  Witnesses;  and  except  the  island  known 
as  Ward's  Island  and  the  buildings  and  improvements  thereon, 
and  the  equipment,  fixtures  and  furniture  of  the  asylums  for  the 
insane  on  said  island  during  the  continuance  of  the  lease  thereof 
heretofore  made  by  the  City  of  New  York  to  the  State  of  New 
York.  Such  buildings  and  grounds  on  Blackwell's  Island  as  are 
now  used  for  the  care  of  the  insane  pursuant  to  the  provisions  of 
chapter  two  of  the  laws  of  eighteen  hundred  and  ninety- 
six  shall,  when  the  insane  shall  have  been  removed  therefrom, 
be  under  the  jurisdiction  of  the  Commissioner  of  Public  Char- 
ities for  the  Boroughs  of  Manhattan  ana  The  Bronx.  The 
buildings  and  grounds,  together  with  the  equipments,  fixtures 
and  furniture  of  the  buildings  now  leased  to  the  State  by  the 
County  of  Kings  for  the  care  of  the  insane,  shall,  when  said 
lease  expires,  be  under  the  jurisdiction  of  the  Commissioner 
of  Public  Charities  for  the  Boroughs  of  Brooklyn  and  Queens. 

Payments  to  Private  Institutions. 

Sec.  661.  No  payment  shall  be  made  by  the  City  of  New 
York  to  any  charitable,  eleemosynary  or  reformatory  institution 
wholly  or  partly  under  private  control,  for  the  care,  support,  sec- 
ular education,  or  maintenance  of  any  child  surrendered  to  such 
institution,  or  committed  to,  received  or  retained  therein  in  ac- 
-cordance  with  sections  664,  665,  666  and  667  of  this  Act, 
except  upon  the  certificate  of  the  Commissioner  having  adminis- 
trative jurisdiction  that  such  child  has  been  received  and  is  retained 
by  such  institution  pursuant  to  the  rules  and  regulations  established 
by  the  State  Board  of  Charities.  Moneys  paid  by  the  City  of 
New  York  to  any  such  institution  for  the  care,    support,   secular 

309 


education  or  maintenance  of  its  inmates  shall  not  be  expended 
for  any  other  purpose.  Whenever  the  Commissioner  shall  decide, 
after  reasonable  notice  to  the  institution  and  a  hearing,  that  any 
such  child  as  aforesaid  who  is  received  and  retained  in  such  in- 
stitution is  not  a  proper  charge  against  the  public,  and  notice  of 
such  decision  in  writing  is  given  by  him  to  such  institution,  there- 
upon all  right  on  the  part  of  said  institution  to  recieve  compen- 
sation from  the  city  for  the  further  retention  of  the  child  shall 
cease.  He  shall  file  in  the  office  of  the  Department  in  the 
Borough  within  which  the  institution  is  situated,  a  statement 
of  the  reasons  for  his  decision  and  of  the  facts  upon  which  it  is 
founded,  and  shall  furnish  a  copy  to  the  institution  where  the 
child  is  detained.  His  decision  may  be  reviewed  on  certiorari 
by  the  Supreme  Court. 

Powers  of  Commissioners  as  to  destitute  and  other  persons. 

Sec.  662.  The  Commissioner  for  the  Boroughs  of  Manhattan 
and  The  Bronx  shall  within  said  Boroughs  have  all  the  authority 
concerning  the  care,  custody  and  disposition  of  insane,  feeble- 
minded, sick,  infirm,  and  destitute  persons  which  the  Commis- 
sioners of  Public  Charities  of  the  corporation  known  as  The. 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York 
had  at  the  time  of  the  taking  effect  of  this  Act,  and  shall  be 
subject  to  the  same  obligations  and  discharge  the  same  duties 
in  respect  to  such  persons,  except  in  so  far  as  the  same  are 
inconsistent  with  or  are  modified  by  this  Act.  The  Commis- 
sioner for  the  Boroughs  of  Brooklyn  and  Queens  shall  withirk 
said  Boroughs  have  all  the  authority  concerning  the  care,  custody 
and  disposition  of  such  persons  which  the  Board  of  Charities 
and  Correction  of  the  City  of  Brooklyn  and  County  of  Kings 
as  formerly  constituted,  or  the  Superintendent  or  Overseers  of 
the  Poor  of  the  County  of  Queens  had  at  the  time  of  the  pas- 
sage of  this  Act,  and  shall  be  subject  to  the  same  obligations 
and  discharge  the  same  duties  in  respect  to  such  persons,  except 
in  so  far  as  the  same  are  inconsistent  with  or  are  modified  by 
this  Act.  The  Commissioner  for  the  Borough  of  Richmond 
shall  within  said  Borough  have  all  the  authority  concerning  the 
care,   custody  and  disposition  of  such  persons  which  the  Sup- 

310 


erintendent  and  Overseers  of  the  Poor  in  the  County  of  Rich- 
mond had  at  the  time  of  the  taking  effect  of  this  Act,  and  shall 
be  subject  to  the  same  obligations  and  discharge  the  same  duties 
in  respect  to  such  persons,  except  in  so  far  as  the  same  are  in- 
consistent with  or  are  modified  by  this  Act.  The  said  several 
Commissioners  shall  be  the  Overseers  of  the  Poor  of  The  City  of 
New  York,  as  constituted  by  this  Act.  No  Commissioner  shall 
have  power  to  dispense  any  form  of  oiit-door  relief  except  as 
expressly  provided  in  this  chapter;  but  each  Commissioner  shall 
have  power  to  pay  for  the  cost  of  the  removal  or  transportation 
of  any  person  who  may  come  under  his  charge  whenever  in  his 
judgment  t'le  City  will  thereby  be  relieved  from  an  unnecessary 
or  improper  charge. 

Each  Commissioner  in  his  Borough  or  Boroughs  shall  make  pro- 
vision for  the  temporary  care  of  vagrant  and  indigent  persons,  and 
shall  provide  for  an  investigation  into  the  circumstances  of  all  such 
persons,  and  shall  cause  every  person  who  is  found  upon  investi- 
gation to  be  a  vagrant,  to  be  brought  before  a  magistrate  pur- 
suant to  law.  The  Board  of  Estimate  and  Apportionmenttand 
the  Municipal  Assembly  shall  in  each  year  appropriate  such 
sum  as  in  their  judgment  may  be  necessary  to  carry  out  the  pro- 
visions of  this  section. 

Classification  and  Instruction  of  Inmates. 

Sec.  663.  It  shall  bje  the  duty  of  each  Commissioner  to 
cause  all  the  inmates  of  public  institutions  under  his  charge  to  be 
classified  so  far  as  practicable.  Destitute  children  shall  be  kept 
apart  from  criminal  children,  so  that  youthful  and  less  hardened 
inmates  shall  not  be  rendered  more  depraved  by  association  with 
and  the  evil  example  of  older  and  more  hardened  inmates.  Each 
Commissioner  may  establish  and  maintain  in  the  public  institu- 
tions under  his  charge  such  schools  or  classes  for  the  instruction 
and  training  of  inmates  as  may  be  authorized  by  the  Board  of 
Estimate  and  Apportionment  and  the  Municipal  Assembly. 

Powers  of  Commissioners  as  to  destitute  and  other  children. 

Sec.  664.  Each  Commissioner  shall  have  power  to  commit, 
to   indenture,    place  out,  discharge,  or  transfer  any  child   who 

311 


may  be  in  his  custody,  whenever  in  his  judgment  it  shall  be  for 
the  best  interests  of  such  child  so  to  do,  and  he  and  his  success- 
ors in  office  shall  have  power  to  revoke  and  cancel  any  such 
indenture  or  agreement,  and  to  make  contracts  for  the  main- 
tenance of  any  such  child  in  accordance  with  the  general  rules 
and  regulations  of  the  Board ;  but  in  indenturing,  placing  out, 
transferring  or  committing  any  such  child  such  Commissioner 
shall,  when  practicable,  indenture  or  place  out  such  child  with 
an  individual  of  the  like  religious  faith  as  the  parents  of  such 
child,  or  transfer  or  commit  such  child  to  an  institution  governed 
by  persons  of  the  same  religious  faith.  In  respect  to  such  minors 
so  committed  to  or  otherwise  placed  under  his  charge  each  Com- 
missioner shall  within  his  Borough  or  Boroughs  have  such  addi- 
tional powers  as  are  at  the  time  of  the  taking  effect  of  this  Act 
vested  by  law  in  the  corresponding  officers  of  the  corporation 
known  as  the  Mayor,  Aldermen  and  Commonalty  of  the  City 
of  New  York,  of  the  corporation  known  as  the  City  of  Brooklyn, 
and  of  the  counties  of  Kings,  Richmond  and  Queens,  mentioned 
in  section  662  of  this  Act. 

Notice  of  commitment  of  children. 

Sec.  665.  Whenever  any  child  actually  or  apparently  under 
the  age  of  sixteen  years,  is  brought  before  any  court  or  magistrate 
in  The  City  of  New  York,  as  constituted  by  this  Act,  pursuant  to 
section  eight  hundred  and  eighty-eight  of  the  Code  of  Criminal 
Procedure,  or  is  found  destitute  of  means  of  support,  the  magis- 
trate presiding  or  before  whom  such  child  is  brought  shall  there- 
upon fix  a  day  not  more  than  three  days  distant  for  the  hearing 
and  final  disposition  of  the  charge  against  said  child,  and  shall, 
at  the  same  time,  in  addition  to  such  other  notices  as  may  be 
required  by  law,  give  notice,  in  writing,  of  such  arrest  to  the 
Commissioner  of  Public  Charities  of  the  Borough  in  which  said 
arrest  is  made,  and  to  the  Society  for  the  Prevention  of  Cruelty 
to  Children  if  there  shall  be  one  incorporated  in  the  Borough, 
which  notice  shall  state  the  name  of  the  child,  its  age,  either 
actual  or  apparent,  its  sex,  color,  birthplace,  residence,  father's 
name,  mother's  name,  parents'  religion  and  parents'  occupation, 
each,  if   known ;  the   specific    charge    upon   which  the  arrest  is 

312 


made;  the  name  of  the  ofricer  making  the  arrest,  and  the  name 
and  address  of  the  compiainhig  witness,  if  any  there  be.  And 
such  court  or  magistrate  may  temporarily  commit  such  child  to 
the  custody  and  care  of  an  institution  to  which  said  court  or 
magistrate  is  authorized  by  law  to  make  final  commitment. 

Children  committed  as  public  charges :  investigation. 

Sec.  666.  It  shall  be  the  duty  of  the  Commissioner  so  noti- 
fied to  investigate  forthwith  the  charge  against  such  child.  The 
Commissioner  may  appear  either  by  clerk  or  by  counsel  on  all 
hearings  in  such  proceeding,  and  shall  on  or  before  the  final  hear- 
ing therein,  file  with  the  court  or  magistrate  a  statement  in  writ- 
ing of  such  fact  or  facts  as  in  the  opinion  of  the  Commissioner 
render  it  proper  or  improper  that  such  child  should  be  supported 
as  a  pubHc  charge  at  the  expense  of  the  City;  and  such 
written  statement  of  fact  or  facts  when  so  filed  shall  be  preserved 
with  and  form  a  part  of  the  record  of  the  proceedings  instituted 
by  the  arrest  of  such  child.  Omission  or  failure  to  file  such  state- 
ment shall  not  be  ground  for  delaying  the  final  decision. 

Term  of  commitment  of  children:  discharge. 

Sec.  667.  The  term  of  commitment  of  each  child  committed 
in  The  City  of  New  York,  as  constituted  by  this  Act,  under  any  of 
the  provisions  of  sections  664,  665  and  666  of  this  Act, 
shall  be  until  such  child  shall  attain  the  age  of  sixteen  years,  or 
until  it  shall  be  duly  indentured  or  placed  out  as  an  apprentice 
by  the  institution  to  which  it  shall  have  been  committed,  or 
until  it  shall  be  given  over  in  adoption  by  said  institution  to 
some  suitable  person,  or  until  otherwise  discharged.  Each  in- 
stitution, mentioned  in  section  661  of  this  Act,  shall  file  with  the 
Commissioner  on  or  before  July  1st,  1898,  a  list  of  all  the  children 
therein  referred  to  in  sections  661,  664,  665  and  666  of  this  Act, 
which  list  shall  contain  the  names  and  residence  of  the  parents 
and  guardians  of  the  children  as  far  as  known.  Every  three 
months  thereafter  each  such  institution  shall  file  a  similar  list  of 
all  such  children  received,  discharged  or  otherwise  disposed  of  in 
the  interval. 

313 


Saving  clause  as  to  certain  existing  laws. 

Sec.  668.  Nothing  contained  in  the  foregoing  sections  shall 
be  construed  to  alter  or  affect  any  provision  of  chapter  one  hun- 
dred and  seventy-two  of  the  laws  of  eighteen  hundred  and  sixty- 
five,  or  of  chapter  four  hundred  and  thirty-nine  of  the  laws  of 
eighteen  hundred  and  ninety-two,  or  of  chapter  three  hundred  and 
fifty-three  of  the  laws  of  eighteen  hundred  and  eighty-six. 

Record  of  inmates  of  institutions. 

Sec.  669.  It  shall  be  the  duty  of  each  Commissioner  to  keep 
and  preserve  a  proper  record  of  all  persons  who  shall  come  under 
his  care  or  custody  and  of  the  disposition  made  of  such  persons, 
with  full  particulars  as  to  the  name,  age,  sex,  color  and  nativity 
of  each,  and  in  case  of  minors  the  names  and  residence  of  parents 
and  their  religious  faith  so  far  as  ascertained,  and  the  religious 
faith  and  residence  of  the  person  or  families  with  whom  or  of  the 
persons  in  charge  of  the  institution  in  which  they  are  placed, 
together  with  copies  of  any  instrument  of  indenture  or  agree- 
ment executed  by  such  Commissioner. 

Temporary  care  in  accident  cases. 

Sec.  670.  Any  person  injured  or  taken  sick  on  the  streets  or 
in  any  public  place  within  said  city,  who  may  not  be  safely  re- 
moved to  his  or  her  home,  may  be  sent  to  and  shall  be  received 
in  any  public  hospital  within  said  city,  for  temporary  care  and 
treatment,  irrespective  of  his  or  her  place  of  residence. 

Temporary  care  of  the  insane. 

Sec.  671.  Each  Commissioner  shall  provide  and  maintain 
suitable  rooms  or  wards  for  the  reception,  medical  examination 
and  temporary  care  of  persons  alleged  to  be  insane. 

Alteration  and  repair  of  buildings. 

Sec.  672.  Each  Commissioner,  subject  to  the  approval  of 
the  Board,  whenever  the  increase  of  inmates  in  or  the  proper  care 
and  government  of  the  public  institutions  or  establishments  under 
his  jurisdiction  shall  in  his  judgment  render  it  necessary  or  ex- 
pedient, shall  have  power  to  enlarge  or  alter  the  buildings  occu- 

314 


pied  by  such  institutions  or  establishnaents  or  any  of  them; 
and  shall  also  have  power  to  make  all  needful  repairs  to  build- 
ings and  property  under  his  control,  provided  that  an  appro- 
priation has  been  made  therefor. 

Potter  s  Field. 

Sec.  673.  Each  Commissioner,  except  the  Commissioner  of 
the  Boroughs  of  Manhattan  and  The  Bronx,  shall  have  charge 
of  the  Potter's  Field  or  Fields  situated  in  the  Borough  or 
Boroughs  for  which  he  is  appointed,  and  each  and  every  Com- 
missioner shall,  when  the  necessity  therefor  shall  arise,  have 
power  to  lay  out  a  Potter's  Field  or  other  public  burial  place 
for  the  poor  and  strangers,  within  the  Borough  or  Boroughs 
for  which  he  is  appointed,  and  from  time  to  time  to  enclose  and 
extend  the  same,  to  make  enclosures  therein  and  to  build  vaults 
therein,  and  to  provide  all  necessary  labor  therefor  and  for  inter- 
ments therein. 

Accounts;  annual  estimates  ;  expenditures. 

Sec.  674.  Each  Commissioner  shall  keep  accurate  and  de- 
tailed accounts,  in  a  form  approved  by  the  Comptroller, 
of  all  moneys  received  and  expended  by  him,  the  sources 
from  which  they  are  received  and  the  purposes  for  which 
they  are  expended,  and  shall  prepare  itemized  monthly 
statements  of  all  receipts  and  expenditures  in  duplicate,  one 
of  which  statements,  together  with  all  vouchers,  shall  be  filed 
with  the  Comptroller,  and  one  of  which  shall  be  filed  in  his  own 
office.  Each  Commissioner  shall,  on  or  before  the  first  day 
of  September  in  each  year  prepare  an  itemized  estimate  of  his 
necessary  expenses  for  the  ensuing  fiscal  year  and  present  the 
same  to  the  Board.  The  three  estimates  so  prepared  as  revised 
by  the  Board  shall  together  constitute  the  annual  estimate  of 
the  Department  of  Public  Charities,  and  shall  be  submitted  to 
^he  Board  of  Estimate  and  Apportionment  within  the  time 
prescribed  by  this  Act  for  the  submission  of  estimates  for  the 
several  Departments  of  the  City.  No  Commissioner  shall 
incur  any  expense  for  any  purpose  in  excess  of  the  amount 
appropriated    therefor;    nor  shall  he  expend  any  money  so  ap- 

315 


propriated  for   any  purpose   other  than  that  for  which  it  was 
appropriated. 

Advertisements  for  supplies. 

Sec.  675.  The  Board  shall  from  time  to  time  as  may  be 
necessary  advertise  in  the  C2/v7?^^<?r^ and  the  corporation  newspa- 
pers for  not  less  than  ten  days  for  proposals  for  such  articles  and 
supplies  as  shall  be  necessary  to  be  used  in  and  for  the  relief  and  sup- 
port of  the  poor  of  the  city,  and  shall  award  contracts  for  the  same 
to  the  lowest  bidders  who  shall  give  adequate  security  for  the  faith- 
ful performance  of  such  contracts,  excepting  such  perishable  arti- 
cles as  may  be  excepted  by  the  rules  and  regulations  of  the  Board. 
In  case  of  an  emergency  each  Commissioner  may  purchase  articles 
immediately  required  without  calling  for  competition  at  an  ex- 
pense not  exceeding  one  thousand  dollars  during  any  one  month. 

Expenditures  for  the  relief  of  the  blind. 

Sec.  676.  The  Commissioners  are  hereby  authorized  and  em- 
powered to  insert  in  their  annual  estimate  of  expenditures  an 
item  of  expenditure  for  the  relief  of  the  poor  adult  blind  not 
to  exceed  in  all  seventy-five  thousand  dollars.  Under  such  rules 
and  restrictions  as  the  Board  may  deem  necessary,  each  Com- 
missioner shall  distribute  the  sum  so  appropriated  each  year 
and  assigned  for  use  in  his  jurisdiction,  in  uniform  sums  not 
to  exceed  one  hundred  dollars  to  any  one  person,  to  such 
poor  adult  blind  persons,  not  inmates  of  any  of  the  public 
or  private  institutions  in  the  City  of  New  York,  who  shall 
be  in  need  of  relief  and  who  shall  be  citizens  of  the  United 
States,  and  shall  have  been  residents  of  said  City  continu- 
ously for  two  years  previous  to  the  date  of  application  for 
such  relief. 

Detail  of  inmates  of  correctional  institutions  to  work  in  Department. 

Sec.  677.  The  Commissioner  of  the  Boroughs  of  Manhattan 
and  The  Bronx  may  from  time  to  time  in  his  discretion  request 
the  Department  of  Correction  to  detail  and  designate  inmates 
of  the  correctional  institutions  on  Blackwell's  Island  to  perform 

316 


necessary  work,  labor  and  services  in  and  upon  the  grounds 
and  buildings  which  are  under  the  charge  of  the  said  Com- 
missioner on  Blackwell's  Island  or  Randall's  Island ;  and  such 
inmates  of  such  correctional  institutions  when  so  employed  shall 
at  all  times  be  under  the  personal  oversight  and  direction  of  a 
keeper  or  keepers  from  such  correctional  institutions  as  the  De- 
partment of  Correction  may  deem  necessary :  but  no  inmate  of 
any  correctional  institution  shall  be  employed  in  any  capacity 
whatever  in  any  ward  of  any  hospital  while  such  ward  is  being 
used  for  hospital  purposes ;  and  in  like  manner  the  Commission- 
ers for  the  Boroughs  of  Brooklyn  and  Queens,  and  for  the  Bor- 
ough of  Richmond  may  request  the  Department  of  Correction 
to  make  a  like  detail  or  designation  when  the  persons  so  detailed 
or  designated  can  be  properly  guarded  and  restrained. 

Care  of  non-residents  in  Bellevue  and  Kings  County  Hospitals. 

Sec.  678.  The  Commissioner  of  Public  Charities  for  the  Bor- 
oughs of  Manhattan  and  The  Bronx  is  hereby  authorized  in  his 
discretion  to  permit  the  reception  and  treatment  in  Bellevue  Hos- 
pital of  persons  who  do  not  reside  in  the  City  of  New  York,  pro- 
vided that  every  person  so  receiving  treatment  shall  be  required 
to  pay  such  sum  for  board  and  attendance  as  may  be  fixed  by 
such  Commissioner.  And  in  like  manner  the  Commissioner  for 
the  Boroughs  of  Brooklyn  and  Queens  may  permit  the  reception 
and  treatment  of  such  persons  in  the  hospital  now  known  as  the 
Kings  County  Hospital.  Such  Commissioner  shall  collect  and 
pay  over  all  such  moneys  to  the  Chamberlain  once  every  month, 
and  the  amount  so  collected  shall  be  paid  into  the  General 
Fund.  Each  Commissioner  shall  upon  making  such  payments 
to  the  Chamberlain  report  the  same  to  the  Comptroller  of  the 
City  of  New  York. 

Requisitions  of  subordinate  officers. 

Sec.  679.  Each  superintendent,  warden  or  chief  officer  of 
every  institution  under  the  charge  of  any  Commissioner  shall 
make  his  requisition  in  writing  on  such  Commissioner  for  all 
articles  deemed  necessary  by  the   said   officer  to  be  used   in  the 

317 


respective  institutions  under  his  charge,  and  shall  keep  an  accu- 
rate account  of  the  same. 

Reports  of  subordinate  officers. 

Sec.  680.  Each  such  superintendent,  warden  or  other  chief 
officer  of  every  institution  under  the  charge  of  any  Commissioner 
shall  once  in  each  week  report  in  writing  to  such  Commissioner 
the  number  of  persons  who  have  been  received  or  transferred, 
who  are  sick,  who  have  died,  and  who  are  remaining  in 
the  respective  institutions  under  his  charge,  the  discipline 
which  has  been  maintained  therein,  the  punishments  imposed, 
and  the  quantity  and  kind  of  labor  performed,  and  such  other 
information  as  the  Commissioner  may  require. 

Employment  of  inmates ;    articles   manufactured;    cultivation    of 
lands. 

Sec.  681.  Every  inmate  of  an  almshouse  whose  age  and 
health  will  permit,  shall  be  employed  in  cultivating  the  grounds 
under  the  control  of  the  Commissioner  of  the  Borough  in  which 
such  almshouse  is  situated  or  in  manufacturing  such  articles  as 
may  be  required  for  ordinary  use  in  the  public  institutions  under 
the  control  of  such  Commissioner,  or  for  the  use  of  any  department 
of  the  City  of  New  York,  or  in  preparing  and  building  sea  walls 
upon  islands  or  other  places  belonging  to  the  City,  or  at  such 
mechanical  or  other  labor  as  shall  be  found  from  experience  to 
suit  the  capacity  of  the  individual.  The  articles  raised  or  manu- 
factured by  such  labor  shall  be  subject  to  the  order  of  and  shall 
be  placed  under  the  control  of  the  Commissioner  having  juris- 
diction, and  all  such  articles  shall  be  utilized  in  the  public  institu- 
tions under  the  charge  of  the  Department  of  Charities  or  in  some 
other  Department  of  the  City.  All  the  lands  under  the  jurisdiction 
of  any  Commissioner,  not  otherwise  occupied  or  utilized  and  which 
are  capable  of  cultivation  shall  in  the  discretion  of  such  Commis- 
sioner be  used  for  agricultural  purposes. 

Hours  of  labor  ;  discipline. 

Sec.  682.  The  hours  of  labor  required  of  any  pauper  or 
other  person  committed  to  or  placed  under  the  charge  of  a  Com- 

318 


missioner  of  Public  Charities  shall  be  fixed  by  the  Board  and 
shall  not  exceed  eight  hours  per  day  fo  reach  such  person.  In 
case  any  such  pauper  shall  neglect  or  refuse  to  perform  the  work 
allotted  to  him  or  her  by  the  person  in  charge,  or  shall  violate  the 
rules  and  regulations  of  the  institution,  it  shall  be  the  duty  of 
the  superintendent  of  the  almshouse  to  report  such  insubordina- 
tion or  violation  to  the  Commissioner  having  jurisdiction,  who 
may  thereupon  direct  the  punishment  of  such  pauper  by  solitary 
confinement  and  by  being  fed  on  bread  and  water  only  for  such 
length  of  time  as  he  may  consider  necessary.  In  case  any 
pauper  shall  neglect  to  perform  the  work  assigned  to  him  or  her, 
or  be  guilty  of  any  such  violation  on  three  or  more  separate  oc- 
casions, the  said  Commissioner  may  cause  such  pauper  to  be 
brought  before  the  proper  court  or  magistrate,  and  such  court  or 
magistrate  may  commit  such  pauper  to  the  workhouse  or  peni- 
tentiary as  a  disorderly  person. 

Support  of  poor  persons  by  relatives. 

Sec.  683.  The  father,  mother,  children  and  grand-children 
of  sufficient  ability,  of  a  poor  person  who  is  insane,  blind,  old, 
lame,  impotent  or  decrepit  so  as  to  be  unable  by  work  to  main- 
tain himself  must  at  their  own  charge  relieve  and  maintain  him 
in  a  manner  to  be  approved  by  the  Commissioner  within  whose 
jurisdiction  such  person  resides.  If  the  relative  of  a  poor  person 
fails  to  maintain  and  relieve  him  as  in  this  section  provided,  the 
said  Commissioner  may  apply  to  any  City  Magistrate  for  the 
order  authorized  by  law  in  such  cases.  The  action  authorized 
by  law  for  a  failure  to  comply  with  the  order  of  the  court  requir- 
ing the  payment  of  a  weekly  sum  for  such  support  must  be  in 
the  name  of  the  Commissioner  of  Public  Charities  within  whose 
jurisdiction  such  poor  person  resides. 

Conduct  of  bastardy  proceedings. 

Sec.  684.  All  bastardy  proceedings  shall  be  conducted  by 
and  in  the  name  of  the  Commissioner  within  whose  jurisdiction 
the  person  charged  with  being  the  father  or  mother  of  the 
bastard  resides,  and  the  amount  collected  shall  be  paid  to  the 

319 


Commissioner,  to  be  by  him  applied  to  the  support  of  the 
child  or  of  the  child  and  its  mother,  and  shall  be  accounted  for 
by  him  in  a  manner  approved  by  the  Commissioners  of  Accounts. 
Each  Commissioner  shall  have  authority  to  compromise  bastardy 
and  abandonment  cases  arising  in  the  Borough  or  Boroughs  for 
which  he  is  appointed. 

Maintenance  of  abandoned  wives  and  children. 

Sec.  685.  Every  person  in  The  City  of  New  York,  as  consti- 
tuted by  this  Act,  who  actually  abandons  his  wife  or  children 
without  adequate  support,  or  leaves  them  in  danger  of  becoming 
a  burden  upon  the  public,  or  who  neglects  to  provide  for  them 
according  to  his  means,  or  who  threatens  to  run  away  and  leave 
his  wife  and  children  a  burden  upon  the  public,  may  be  arrested 
upon  a  complaint  made  under  oath  to  a  City  Magistrate  and  a 
warrant  thereon  issued,  and  brought  before  such  Magistrate,  as 
provided  by  section  nine  hundred  of  the  Code  of  Criminal  Pro- 
cedure. And  if  thereupon  it  shall  appear  by  the  confession  of 
the  defendant  or  by  competent  testimony  that  he  is  guilty  of 
the  charge,  the  said  Magistrate  shall  make  an  order  specifying  a 
reasonable  sum  of  money  to  be  paid  weekly  for  the  space  of  one 
year  thereafter  by  such  defendant  to  the  Commissioner  of  Public 
Charities  for  the  Borough  in  which  such  proceeding  is  had,  for 
the  support  of  the  wife  or  children.  But  nothing  in  this  Chap- 
ter contained  shall  apply  to  or  affect  an  order  for  the  payment 
of  money  for  the  support  of  a  child  in  an  institution,  pursuant 
to  the  provisions  of  section  two  hundred  and  eighty-eight  of  the 
Penal  Code  or  of  section  nine  hundred  and  twenty-one  of  the 
Code  of  Criminal  Procedure. 

Commitments  in  abandonment  proceedings;  surety. 

Sec.  686.  Any  person  convicted  of  any  of  the  offences 
hereinbefore  recited  shall,  upon  being  served  with  such 
order,  enter  into  a  bond  to  the  People  of  the  State  in  such 
sum  as  such  City  Magistrate  shall  direct,  with  good  and  suffi- 
cient surety  to  be  approved  by  the  said  City  Magistrate,  that 
such  person  will  pay  weekly  for  the   space  of  one  year   such 

320 


sum  for  the  support  of  the  wife  or  children  or  either  or  any  of 
them,  as  has  been  ordered  as  aforesaid,  to  the  Commissioner 
of  the  Borough  in  which  such  proceeding  is  had.  In  default 
of  such  surety  being  found,  the  City  Magistrate  shall  maj<e  up, 
sign  and  file  in  the  office  of  the  Clerk  of  the  County  in  which 
such  conviction  is  had,  a  record  of  the  conviction  of  such  <5fifender 
as  a  disorderly  person,  specifying  generally  the  nature  and 
circumstances  of  the  offense  and  the  names  of  the  witnesses  by 
whom  it  has  been  established,  and  shall  by  warrant  commit 
such  offender  to  the  workhouse  on  Blackwell's  Island,  or  to 
the  penitentiary  or  jail  in  the  Borough  where  the  conviction 
is  had,  there  to  remain  until  such  surety  be  found  or  such 
offender  be  discharged  according  to  law,  or  he  shall  sentence 
such  offender  to  imprisonment  in  the  penitentiary,  for  a  term 
not  exceeding  six  months  or  until  such  offender  gives  the 
security  as  hereinbefore  provided  or  is  discharged  according 
to  law.  Upon  the  trial  or  hearing  of  all  complaints  for  any 
or  either  of  the  offenses  hereinbefore  referred  to,  the  wife  shall 
be  a  competent  witness  therein  against  her  husband,  as  to  all 
matters  embraced  in  said  complaint. 

Actions  on  bonds  in  abandonment  proceedings. 

Sec.  687.  Any  suit,  action  or  proceeding  brought  or  instituted 
upon  any  bond  or  recognizance  given  in  pursuance  of  the  pre- 
ceding section  shall  be  brought  and  prosecuted  by  and  in  the 
name  of  the  Commissioner  for  the  Borough  in  which  such  bond 
or  reorganizance  was  given,  and  all  moneys  recovered  in  any  suit, 
action  or  proceeding  shall  be  paid  to  such  Commissioner  to  be 
by  him  applied  and  expended  for  the  support  of  the  wife  and 
children,  or  either  or  any  of  them,  of  the  person  against  whom 
the  order  mentioned  and  provided  for  in  section  685  of  this  Act 
shall  have  been  made.  If  the  person  charged  with  the  offenses  here- 
inbefore recited  or  either  of  them  is  admitted  to  bail,  the  undertak- 
ing of  his  bail  shall  be  for  the  future  appearance  of  the  defendant: 
according  to  the  terms  of  the  undertaking,  or  that  the  bail  will 
pay  to  the  Commissioner  of  the  Borough  in  which  such  proceed- 
ing is  had,  a  specified  sum  in  the  event  of  such  failure  to 
appear,  or  if  such  person  deposits  a  sum  of  money  as  directed  by 

321 


law  instead  of  giving  an  undertaking  of  bail  for  his  future  appear- 
ance, and  if  such  person  shall  thereafter  fail  to  appear  in  accord- 
ance with  the  terms  of  said  undertaking  or  the  terms  upon  which 
the  money  was  deposited,  then  the  said  Magistrate  shall  enter 
the  fact  of  said  person's  non-appearance  upon  the  minutes  and 
the  undertaking  of  his  bail  or  money  deposited  instead  of  bail 
shall  thereupon  be  forfeited. 

Recoveries  in  abandonment  proceedings. 

Sec.  688.  When  such  an  undertaking  is  forfeited,  an  action 
may  be  brought  in  the  name  of  the  Commissioner  for  the  Bor- 
ough in  which  such  proceeding  is  had  to  recover  the  amount 
specified  in  such  undertaking,  and  the  amount  recovered  in  said 
action  shall  be  applied  and  expended  for  the  support  of  the  wife 
and  children,  or  either  or  any  of  them,  of  the  person  charged 
with  the  offenses  hereinbefore  recited  or  either  or  any  of  such 
offenses,  and  when  any  money  has  been  deposited  instead  of  bail 
and  which  shall  have  been  forfeited  as  hereinbefore  provided, 
said  money  shall  be  paid  to  the  Commissioner,  by  the  person 
with  whom  the  said  sum  of  money  is  deposited,  upon  presenting 
to  him  a  certificate  from  the  City  Magistrate  certifying  to  the 
forfeiture  thereof,  which  said  certificate  shall  state  the  name  of 
the  person  making  the  deposit,  when  it  was  made,  the  name  of 
the  defendant,  and  that  the  said  sum  of  money  was  forfeited  on 
account  of  the  defendant's  failure  to  appear  as  directed,  and  shall 
be  signed  by  said  Magistrate. 

Appeals  in  abandonment  proceedings  :  costs. 

Sec.  689.  An  appeal  to  the  Court  of  General  Sessions  may 
be  taken  from  a  conviction  before  a  City  Magistrate  under  this 
chapter  within  the  County  of  New  York,  or  to  the  County  Court  in 
any  other  County  which  is  wholly  or  partly  within  The  City  of  New 
York  as  constituted  by  this  Act,  which  said  appeal  shall  be 
conducted  under  and  in  accordance  with  the  provisions  of 
the  Code  of  Criminal  Procedure  of  the  State  of  New  York, 
except  that  the  judge  allowing  the  appeal  must  take  from  the 
defendant  a  written  undertaking  in  such  sum  and  with  such  sureties 
as  he  may  approve,  that  defendant  will  abide  the  judgment  of  the 


Appellate  Court  upon  the  appeal,  and  will  pay  all  costs  which  may 
be  awarded  against  him,  and  except  that  all  notices  required  by 
said  Code  of  Criminal  Procedure  to  be  served  upon  the  District 
Attorney  upon  such  appeal  shall  be  served  upon  the  Commis- 
sioner for  the  Borough  in  which  the  conviction  from  which  such 
appeal  is  taken  was  had,  and  the  Commissioner  may  appear  by 
Clerk  or  Counsel  upon  the  hearing  of  such  appeal.  The  Court 
must  award  costs  to  the  party  in  whose  favor  the  appeal  is  deter- 
mined, as  follows,  besides  disbursements:  To  the  appellant 
upon  reversal,  thirty  dollars ;  to  the  respondent  upon  affirmance, 
twenty-five  dollars.  When  awarded  to  the  appellant  they  must 
be  paid  by  the  Comptroller  of  the  City  of  New  York,  on  the 
delivery  to  him  of  a  certified  copy  of  the  order  of  reversal,  and 
must  be  charged  to  the  contingent  account  of  the  Commissioner 
for  the  Borough  in  which  conviction  so  reversed  was  had.  When 
awarded  to  the  respondent  the  payment  of  costs  may  be  enforced 
as  in  a  civil  action,  and  in  an  action  brought  therefor  against  the 
sureties  upon  the  undertaking  given  on  the  allowance  of  the 
appeal,  the  production  of  a  certified  copy  of  the  order  of  affirm- 
ance shall  be  conclusive  evidence. 


323 


Chapter  XIV. 

DEPARTMENT  OF  CORRECTION. 

Jurisdiction  ;  salary  ;  regulations  ;  subordinate  officers. 

Sec.  694.  The  head  of  the  Department  of  Correction  shall  be 
called  The  Commissioner  of  Correction.  He  shall  be  appointed 
by  the  Mayor  and  shall  hold  office,  as  provided  in  chapter 
IV  of  this  Act.  His  salary  shall  be  seven  thousand  five 
hundred  dollars  a  year.  The  Commissioner  shall  have  power 
to  establish  rules  and  regulations  for  the  administration 
of  the  Department  and  the  government  of  the  institutions 
under  his  control.  He  shall  have  full  and  exclusive  juris- 
diction over  the  several  institutions  hereinafter  specified 
which  are  situated  or  may  hereafter  be  established  within  The 
City  of  New  York,  as  constituted  by  this  Act.  He  shall  have 
his  principal  office  in  the  Borough  of  Manhattan  and  a  branch 
office  in  the  Borough  of  Brooklyn.  He  may  establish  such 
other  branch  offices  as  he  may  deem  necessary.  He  shall  have 
power  to  appoint  and  at  will  to  remove  a  deputy  and  such 
additional  deputies  and  assistant  deputies  as  the  Board  of  Esti- 
mate and  Apportionment  and  the  Municipal  Assembly  may 
from  time  to  time  authorize,  and  to  assign  them  to  duty  in 
such  Borough  or  Boroughs  as  he  deems  proper  ;  and  at  least 
one  of  such  deputies  shall  be  asssigned  to  the  branch  office  in 
the  Borough  of  Brooklyn.  He  shall  also  have  power  within 
the  limits  of  his  appropriation  to  appoint  and  at  will  to  re- 
move such  superintendents,  wardens  and  other  subordinate 
officers  and  assistants  as  may  be  necessary  for  the  efficient  per- 
formance of  the  duties  of  the  Department.  Each  deputy  so 
appointed  shall  during  the  absence  or  inability  of  the  Com- 
missioner possess  all  the  powers  and  perform  all  the  duties  of 
such  Commissioner  within  the  Borough  or  Boroughs  to  which 
he  is  assigned.     The  Commissioner  may  delegate  to  the  super- 

324 


intendent  or  warden  in  charge  of  any  institution  in  the  Depart- 
ment the  power  to  appoint  and  remove  subordinate  officers  or 
assistants  in  such  institutions. 

Institutions  under  the  jurisdiction  of  the  Commissioner. 

Sec.  695.  The  Commissioner  shall  have  jurisdiction  over 
and  it  shall  be  his  duty  to  take  charge  of  and  manage  all  institu- 
tions for  the  care  and  custody  of  criminals  and  misdemeanants 
which  belong  to  or  are  hereafter  acquired  by  or  established  in 
The  City  of  New  York  as  constituted  by  this  Act,  except  the 
House  of  Refuge  for  Juvenile  Delinquents  and  the  House  of 
Detention  of  Witnesses,  and  the  Brooklyn  Disciplinary  Train- 
ing School  for  Boys,  and  except  all  jails  or  places  for  the 
detention  of  prisoners  or  persons  charged  with  crime  which 
are  under  the  charge  of  the  Sheriff  or  the  Police  Department. 
The  Commissioner  shall  also  have  charge  of  such  other  institu- 
tions as  may  be  hereafter  placed  under  his  jurisdiction  by  the 
Municipal  Assembly.  Whenever  the  State  authorities  shall 
have  caused  the  inmates  of  the  lunatic  asylum  on  Hart's 
Island  to  be  removed  elsewhere  and  shall  have  vacated  the 
buildings  now  on  said  island  occupied  by  said  asylum,  the 
said  buildings  with  the  grounds  thereto  appertaining  shall 
become  and  be  under  the  charge  and  control  of  the  Depart- 
ment of  Correction  :  provided,  however,  that  the  burial  of 
deceased  paupers  shall  be  continued  on  said  island  under 
regulations  established  by  the  joint  action  of  the  Depart- 
ments of  Public  Charities  and  of  Correction,  or  in  case  of 
disagreement  between  said  Departments,  under  such  regula- 
tions as  may  be  established  by  the  Mayor  of  the  city. 

Transfer  of  inmates  to  Rikers  Island  and  Hart's  Island. 

Sec.  696.  The  Commissioner,  whenever,  in  his  judgment, 
it  is  expedient  and  practicable  to  do  so,  may  cause  to  be 
removed  to  Riker's  Island,  and  in  case  Hart's  Island  shall 
have  been  transferred  to  the  Department  of  Correction,  as  in 
section  695  of  this  Act  provided,  then  also  to  Hart's  Island, 
the  inmates  of  the  workhouse  and  of  the  penitentiary  on 
Blackwell's  Island  ;  and  he  may  direct  such  removals  to  be 

325 


made,  from  time  to  time,  as  accommodation  for  the  said 
inmates  may  be  provided  upon  Riker's  Island  and  Hart's 
Island  or  elsewhere  within  the  City  of  New  York.  And  when- 
ever in  consequence  of  such  removals  or  otherwise  any  of  the 
buildings  theretofore  occupied  or  used  for  said  workhouse  or 
penitentiary  shall  have  become  vacant,  such  building  or  build- 
ings with  the  grounds  thereto  appertaining  shall  be  transferred 
to  the  Department  of  Public  Charities.  And  whenever  any  of 
the  said  buildings  or  grounds  shall  have  been  so  transferred, 
the  Commissioner  of  Correction  shall  have  no  further  rights,^ 
duties  or  obligations  in  respect  to  such  building  or  buildings 
or  grounds,  but  it  or  they  shall  thereafter  be  included  in  and 
appertain  to  the  Department  of  Public  Charities  of  The  City 
of  New  York,  and  shall  be  under  the  jurisdiction  of  the 
Commissioner  of  Charities  for  the  Boroughs  of  Manhattan  and 
The  Bronx. 

Powers  of  Commissioner  over  criminals  and  misdeiueanants. 

Sec.  697.  The  Commissioner  shall  have  all  the  authorit3r 
concerning  the  care,  custody  and  disposition  of  criminals  and 
misdemeanants  which  the  Commissioner  of  Correction  of 
the  corporation  known  as  the  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York,  or  which  the  Board  of 
Charities  and  Correction  for  the  City  of  Brooklyn  and  County 
of  Kings,  as  formerly  constituted,  had  at  time  of  the  taking 
effect  of  this  Act ;  and  he  shall  discharge  the  same  duties  and  be 
subject  to  the  same  obligations  in  respect  to  such  persons  as 
the  said  Commissioner  and  Board,  respectively,  except  in  so  far 
as  the  same  are  inconsistent  with  or  are  modified  by  this  Act^ 
The  Commissioner  shall  have  no  authority  and  be  subject  to  na 
obligation  in  respect  to  any  destitute  person  not  charged  with 
or  convicted  of  crime  or  misdemeanor. 

Classification  of  criminals  and  misdemeanants  ;  Instruction. 

Sec.  698.  It  shall  be  the  duty  of  the  Commissioner  to  cause 
all  the  criminals  and  misdemeanants  under  his  charge  to  be 
classified  as  far  as  practicable,  so  that  youthful  and  less  hard- 
ened offenders  shall  not  be  rendered  more  depraved  by  the 
association  with  and  evil  example  of  older  and  more  hardened 

326 


offenders.  The  Commissioner  may  establish  and  maintain 
such  schools  or  classes  for  the  instruction  and  training  of  the 
inmates  of  the  institutions  under  his  charge,  as  may  be  author- 
ized by  the  Board  of  Estimate  and  Apportionment.  And  to 
this  end  the  Commissioner,  with  the  authority  of  the  Muni- 
cipal Assembly,  may  set  apart  one  of  the  penal  institutions  for 
the  custody  of  such  youthful  and  less  hardened  offenders,  and 
said  Commissioner  shall  have  the  power,  in  his  discretion,  to 
transfer  such  offenders  thereto  from  any  other  of  the  penal 
institutions  of  the  City. 

Record  of  inmates  of  institutions. 

Sec.  699.  It  shall  be  the  duty  of  the  Commissioner  to  keep 
and  preserve  a  proper  record  of  all  persons  who  shall 
come  under  his  care  or  custody,  and  of  the  disposition 
of  each  such  person,  with  full  particulars  as  to  the  name, 
age,  sex,  color,  nativity  and  religious  faith  of  each,  to- 
gether with  a  statement  of  the  cause  and  length  of  de- 
tention of  each  such  person.  Such  record  shall  be  supple- 
mentary to  and  shall  be  kept  separate  from  the  records  re- 
quired to  be  kept  by  section  709  of  this  Act. 

Employment  of  inmates;  articles  manufactured;  cultivation  of  lands. 

Sec.  700.  Every  inmate  of  an  institution  under  the  charge  of 
the  Commissioner,  whose  age  and  health  will  permit,  shall  be 
employed  in  quarrying  or  cutting  stone,  or  in  cultivating  land 
under  the  control  of  the  Commissioner,  or  in  manufacturing 
such  articles  as  may  be  required  for  ordinary  use  in  the  insti- 
tutions under  the  control  of  the  Commissioner,  or  for  the  use 
of  any  Department  of  the  City  of  New  York,  or  in  preparing 
and  building  sea  walls  upon  islands  or  other  places  belonging 
to  the  City  of  New  York  upon  which  public  institutions  now 
are  or  may  hereafter  be  erected,  or  at  such  mechanical  or 
other  labor  as  shall  be  found  from  experience  to  be  suited  to 
the  capacity  of  the  individual.  The  articles  raised  or  manu- 
factured by  such  labor  shall  be  subject  to  the  order  of  and 
shall  be  placed  under  the  control  of  the  Commissioner,  and 
shall  be  utilized  in  the  institutions  under  his  charge  or  in  some 

327 


other  Department  ot  the  City.  All  the  lands  under  the  juris- 
diction of  the  Commissioner,  not  otherwise  occupied  or  util- 
ized, and  which  are  capable  of  cultivation,  shall  in  the  discre- 
tion of  the  Commissioner  be  used  for  agricultural  purposes. 

Detail  of  inmates  to  work  in  Department  of  Public  Charities. 

Sec.  701.  At  the  request  of  any  Commissioner  of  Public 
Charities  of  The  City  of  New  York,  the  Commissioner  of  Cor- 
rection may  detail  and  designate  any  inmate  of  any  of  the 
institutions  in  the  Department  to  perform  necessary  work, 
labor  and  services  in  and  upon  the  grounds  and  buildings 
under  the  charge  of  such  Commissioner  of  Public  Charities, 
as  provided  in  Chapter  XIII.  of  this  Act,  and  subject  to  the 
restrictions  therein  contained. 

Hours  of  labor  ;  discipline. 

Sec.  702.  The  hours  of  labor  required  of  any  inmate  of  any 
institution  under  the  charge  of  the  Commissioner  shall  not 
exceed  eight  hours  per  day  for  each  such  person  and  shall  be 
fixed  by  the  Commissioner.  In  case  any  person  confined 
in  any  institution  in  the  Department  shall  neglect  or  refuse 
to  perform  the  work  allotted  to  him  by  the  officer  in  charge 
of  such  institution,  or  shall  wilfully  violate  the  rules  and 
regulations  established  by  the  Commissioner  or  resist  and 
disobey  any  lawful  command,  or  in  case  any  such  person 
shall  offer  violence  to  any  such  officer  or  to  any  other  pris- 
oner, or  shall  do  or  attempt  to  do  any  injury  to  such  institu- 
tion or  the  appurtenances  thereof  or  any  property  there- 
in, or  shall  attempt  to  escape,  or  shall  combine  with  any  one 
or  more  persons  for  any  of  the  aforesaid  purposes,  the  officer 
or  officers  of  such  institution  shall  use  all  suitable  means  to 
defend  themselves,  to  enforce  discipline,  to  secure  the  persons 
of  the  offenders  and  to  prevent  any  such  attempt  or  escape. 
It  shall  be  the  duty  of  the  officer  in  charge  of  such  institu- 
tion in  which  such  person  or  persons  is  or  are  confined 
to  punish  him  or  them  by  solitary  confinement,  and  by  being 
fed  on  bread  and  water  only,  for  such  length  of  time  as 
may  be  considered  necessary  ;  but  no  other  form  of  punish- 

328 


merit  shall  be  imposed,  and  no  officer  of  any  such  institution 
shall  inflict  any  blows  whatever  upon  any  prisoner  except 
in  self-defense  or  to  suppress  a  revolt  or  insurrection.  In 
every  case  the  officer  imposing  such  punishment  shall  forth- 
with report  the  same  to  the  Commissioner  and  notify  the  phy- 
sician of  the  institution.  It  shall  be  the  duty  of  such  physician 
to  visit  the  person  so  confined  and  to  examine  daily  into  the 
state  of  his  health  until  he  shall  be  released  from  solitary  con- 
finement and  return  to  labor,  and  to  report  to  the  Commis- 
sioner and  to  the  officer  in  charge  of  such  institution  whenever 
in  his  judgment  the  health  of  the  prisoner  shall  require  that  he 
should  be  released. 

Accounts  ;  annual  estimate ,'  expenditures. 

Sec.  703.  The  Commissioner  shall  keep  accurate  and 
detailed  accounts,  in  a  form  approved  by  the  Comptroller, 
of  all  moneys  received  and  expended  by  him,  the  sources 
from  which  they  are  received  and  the  purposes  for  which 
they  are  expended,  and  shall  prepare  itemized  monthly 
statements  of  all  receipts  and  expenditures  in  duplicate, 
one  of  which  statements  together  with  all  vouchers  shall  be 
filed  with  the  Comptroller,  and  one  of  which  shall  be  filed 
in  his  own  office.  The  Commissioner  shall,  on  or  before  the 
first  day  of  September  in  each  year,  prepare  an  itemized  esti- 
mate of  the  necessary  expenses  of  the  Department  for  the 
ensuing  fiscal  year,  which  estimate  shall  constitute  the  annual 
estimate  of  the  Department  of  Correction,  and  shall  be  submit- 
ted to  the  Board  of  Estimate  and  Apportionment  within  the 
time  prescribed  by  this  Act  for  the  submission  of  estimates  from 
the  several  Departments  of  the  City.  He  shall  incur  no  ex- 
pense for  any  purpose  in  excess  of  the  amount  appropriated 
therefor,  nor  shall  he  expend  any  money  so  appropriated  for 
any  purpose  other  than  that  for  which  it  was  appropriated. 

Advertisements  for  supplies. 

Sec.  704.  The  Commissioner  shall  from  time  to  time,  as  may 
be  necessary,  advertise  in  the  City  Record  and  the  corporation 
newspapers,  for  not  less  than  ten  days  for  proposals  for  all  such 

329 


articles  and  supplies  (excepting  perishable  articles)  as  shall  be 
necessary  to  be  used  in  and  for  the  institutions  in  the  Depart- 
ment, and  shall  award  contracts  for  the  same  to  the  lowest  re- 
sponsible bidders  who  shall  give  adequate  security  for  the  faith- 
ful performance  of  such  contracts.  In  case  of  an  emergency 
the  Commissioner  may  purchase  articles  immediately  required 
without  calling  for  competition,  but  the  amount  expended  by 
the  Commissioner  for  articles  so  required  or  for  perishable 
articles  shall  not  exceed  the  sum  of  two  thousand  dollars 
during  any  one  month. 

Requisitions  and  reports  of  subordinate  officers. 

Sec.  705.  Each  superintendent,  warden,  or  other  chief  officer 
of  any  institution  under  the  charge  of  the  Commissioner  shall 
make  his  requisitions  in  writing  upon  the  Commissioner  for  all 
articles  deemed  necessary  by  the  said  officer  to  be  used  in  the 
institution  or  institutions  under  his  charge,  and  shall  keep  an 
accurate  account  of  the  same.  It  shall  also  be  the  duty  of  each 
such  superintendent,  warden  or  other  chief  officer  to  report 
once  in  each  week  to  the  Commissioner  the  number  of  persons 
who  have  been  received,  discharged  or  transferred,  who  have 
become  sick,  or  who  have  died,  and  the  number  remaining  in 
the  respective  institutions  under  their  charge,  the  discipline 
which  has  been  maintained,  and  the  quantity  and  kind  of  labor 
performed,  and  such  other  information  as  the  Commissioner 
requires. 

Collection  of  fines. 

Sec.  706.  The  Department  of  Correction  is  hereby  author- 
ized to  demand  and  receive  fines  imposed  for  intoxication  and 
disorderly  conduct  in  The  City  of  New  York  as  constituted 
by  this  Act  in  the  manner  and  for  the  purposes  now  prescribed 
by  law. 

Commitment  of  disorderly  persons  and  vagrants. 

Sec.  707.  Whenever  any  person  is  convicted  in  The  City  of 
New  York  as  constituted  by  this  Act,  of  public  intoxication,  dis- 
orderly conduct   or  vagrancy,  the  court  or  magistrate  before 

330 


which  or  whom  such  conviction  is  had  shall  impose  upon  the 
person  so  convicted  one  or  other  of  the  penalties  herein  pro- 
vided. Upon  a  charge  of  vagrancy,  the  person  so  convicted  shall 
be  committed  to  the  workhouse  in  said  city,  or  to  a  county 
jail,  to  be  detained  until  discharged  pursuant  to  sections  710 
and  711  of  this  Act,  and  for  a  term  not  exceeding  six  months 
from  the  date  of  such  commitment,  and  the  warrant  of  com- 
mitment shall  so  recite.  All  persons  convicted  of  any  of  the 
offences  last  mentioned  in  any  of  the  Boroughs  of  The  City 
of  New  York  shall  be  committed  to  the  workhouse  on  Black- 
well's  Island,  or  to  a  county  jail,  except  as  hereinafter  pro- 
vided, but  may  be  thereafter  transferred  by  the  Commis- 
sioner to  any  branch  workhouse  in  the  control  of  the  Depart- 
ment. Upon  a  charge  of  public  intoxication  or  disorderly 
conduct,  the  court  or  magistrate  may  impose  a  penalty,  as 
follows  : 

1.  Commit  the  person  so  convicted  to  the  said  workhouse 
or  jail  to  be  detained  until  discharged  pursuant  to  sections  710 
and  711  of  this  Act,  and  for  a  term  not  exceeding  six  months 
from  the  date  of  such  commitment,  and  the  warrant  of  com- 
mitment shall  so  recite. 

2.  Impose  a  fine  not  exceeding  ten  dollars.  Upon  the  pay- 
ment of  the  fine  imposed,  the  person  so  convicted  shall  be  forth- 
with discharged  from  custody.  If  the  fine  imposed  be  two  dol- 
lars or  less,  and  be  not  paid  forthwith,  the  person  so  fined  shall 
be  committed  to  a  city  prison  or  county  jail  for  not  ex- 
ceeding two  days,  each  day  of  imprisonment  to  be  taken 
as  a  liquidation  of  one  dollar  of  the  fine.  If  the  fine  im- 
posed exceed  the  sum  of  two  dollars,  and  be  not  paid  forth- 
with, the  court  or  magistrate  shall  commit  the  person  so 
fined  to  a  city  prison  or  county  jail,  and  the  warrant  of 
commitment  shall  contain  a  direction  that,  if  the  fine  be  not 
paid  before  five  o'clock  in  the  afternoon  of  the  day  succeeding 
such  commitment,  the  person  so  committed  shall  be  trans- 
ferred to  and  detained  in  the  workhouse  until  discharged 
pursuant  to  the  provisions  of  this  chapter,  and  for  a  term 
not  exceeding  six  months  from  the  date  of  such  commitment. 

3.  Require  any  person  convicted    of  disorderly   conduct 
to  give  sufficient  surety  or  sureties  for  his  good  behavior 

331 


for  any  time  not  exceeding  six  months.  In  default  of  giving 
such  surety  forthwith,  the  court  or  magistrate  shall  commit 
such  person  to  the  city  prison  or  county  jail  to  be  thereafter 
transferred  to  and  detained  in  the  workhouse  until  such  surety 
is  furnished,  or  until  discharged  pursuant  to  sections  YIO  and 
711  of  this  Act,  not  exceeding,  however,  a  term  of  six  months 
from  the  date  of  such  commitment.  But  no  such  person  shall 
be  discharged  by  the  Commissioner  prior  to  the  expiration  of 
the  time  for  which  he  was  required  to  give  surety,  except 
by  order  of  the  magistrate  who  signed  the  last  warrant  of 
commitment,  granted  as  provided  in  this  chapter. 

Superintendent  of  the  workhouse :  reports. 

Sec.  708.  It  shall  be  the  duty  of  the  superintendent  of  the 
workhouse  to  ascertain  from  the  records  thereof,  and  from 
examination  and  inspection  of  the  person  committed  as  afore- 
said, whether  such  person  has,  since  April  fourth,  eighteen 
hundred  and  ninety-five,  and  within  two  years  next  preceding 
the  date  of  his  commitment,  been  previously  committed  to 
such  institution  upon  conviction  of  public  intoxication,  dis- 
orderly conduct,  or  vagrancy.  Within  twenty-four  hours  after 
the  commitment  of  any  such  person  to  the  workhouse,  the  said 
Superintendant  shall  transmit  to  the  Commissioner,  a  written 
statement  showing  the  name,  sex,  age,  residence,  occupation, 
height,  weight  and  the  color  of  the  hair  of  any  such  person,  and 
describing  any  scars,  marks  or' deformities  or  other  signs  where- 
by such  person  may  subsequently  be  identified,  the  date  of  the 
commitment,  the  offense  for  which  such  person  was  committed 
and  the  name  of  the  magistrate  by  whom  the  commitment  was 
made.  Such  statement  shall  also  show  whether  such  person  has 
been  previously  committed  to  such  institution  within  the  period, 
and  for  any  one  of  the  causes  above  specified  ;  and,  if  so,  the 
number  of  times  that  such  person  has  been  so  committed  dur- 
ing such  period,  the  date  of  the  last  previous  commitment  of 
such  person  for  either  of  said  offenses,  the  name  of  the  magis- 
trate by  whom  and  the  offense  for  which  such  last  previous 
commitment  was  made,  and  the  period  of  detention  under  such 
last  previous  commitment. 

332 


Record  of  persons  committed. 

Sec.  T09.  It  shall  be  the  duty  of  the  Commissioner  to 
keep  a  book  or  books  in  which  shall  be  properly  recorded 
the  names  of  all  persons  committed  under  section  707  of  this 
Act,  and  all  other  facts  whigh  shall  be  certified  to  him  by 
the  superintendent  of  the  workhouse  as  herein  required. 
Such  book  or  books  are  hereby  declared  to  be  public  records 
and  shall  be  open  to  public  inspection,  and  shall  be  indexed 
and  kept  so  as  to  show  whether  any  person  committed,  as  pre- 
scribed by  this  chapter,  has  been  previously  committed  within 
two  years  next  preceding  such  commitment  for  any  of  the 
causes  herein  specified. 

Term  of  detention  to  be  fixed  by  Commissioner. 

Sec.  710.  Within  three  days  after  the  commitment  of  any 
person  as  herein  provided,  it  shall  be  the  duty  of  the  Com- 
missioner to  ascertain  from  the  aforesaid  records  whether 
such  person  has  been  committed  to  the  workhouse,  after  April 
fourth,  eighteen  hundred  and  ninety-five,  and  within  two  years 
next  preceding  the  date  of  such  commitment  for  public  intoxi- 
cation, disorderly  conduct  or  vagrancy,  and  to  make  a  written 
order  specifying  the  date  at  which  such  person  shall  be  dis- 
charged, as  follows,  namely  : — in  the  case  of  a  person  who  has 
not  previously  been  committed  for  any  one  of  the  offenses 
herein  specified  within  two  years  next  preceding  the  date  of 
his  last  commitment,  and  after  April  fourth,  eighteen  hundred 
and  ninety-five,  the  said  order  shall  direct  that  such  person 
shall  be  discharged  at  the  expiration  of  five  days  from  the 
date  of  his  commitment ; — in  the  case  of  a  person  who  has  been 
committed  once  before  within  the  period  of  two  years  next  pre- 
ceding the  day  of  his  commitment  and  after  April  fourth,  eigh- 
teen hundred  and  ninety-five,  for  any  of  the  offenses  herein 
specified,  the  said  order  shall  direct  that  such  person  shall 
be  discharged  at  the  expiration  of  twenty  days  from  the  date 
of  his  commitment; — and  in  the  case  of  a  person  who  has  been 
committed  more  than  once  during  the  two  years  next  pre- 
ceding the  date  of  his  commitment,  and  after  April  fourth,  eigh- 
teen hundred  and  ninety-five,  for  any  of  the  offenses  herein  speci- 

333 


fied,  the  said  order  shall  direct  that  such  person  be  discharged 
at  the  expiration  of  a  period  equal  to  twice  the  term  of 
his  detention  under  the  last  previous  commitment,  but,  not,  in 
any  event,  exceeding  six  months ;  provided,  however : — First, 
that  in  the  case  ot  a  person  QDmmitted  upon  conviction  of 
vagrancy,  the  said  order  may  direct  that  the  said  person  shall 
be  discharged  at  the  expiration  of  a  period  to  be  fixed  by  the 
Commissioner  and  stated  therein,  not  exceeding  six  months 
and  not  less  than  the  period  of  detention  above  specified 
for  first  and  subsequent  commitments,  as  the  case  may  be  : — 
Second,  that  whenever  the  period  of  detention  of  any  such 
person  under  his  last  previous  commitment  shall  have  ex- 
ceeded the  period  of  detention  provided  for  by  this  section 
(either  by  reason  of  his  detention  on  failure  to  furnish  surety 
for  his  good  behavior,  or  by  reason  of  the  action  of  the  Com- 
missioner upon  a  conviction  of  vagrancy),  then  such  excess 
of  detention  under  his  last  previous  commitment  shall  not  be 
considered  by  the  Commissioner  in  determining  the  date  of  his 
discharge  under  the  existing  commitment.  The  date  of  any 
order  made  pursuant  to  this  section  and  the  name  of  the 
person  whose  period  of  detention  is  fixed  thereby,  and  the 
period  of  detention  therein  specified  shall  be  entered  in  the 
records  required  to  be  kept  by  section  709  of  this  Act, 
and  the  said  order  shall  forthwith  be  transmitted  to  the 
superintendent  of  the  workhouse.  Upon  the  expiration  of 
the  term  of  detention  specified  therein,  and  upon  the  dis- 
charge of  the  person  named  therein  it  shall  be  the  duty  of 
such  superintendent  forthwith  to  return  such  order,  with  a 
written  certificate  indorsed  thereon  specifying  the  date  of  the 
discharge  of  the  person  named  therein,  to  the  Commissioner 
who  shall  preserve  the  same  as  a  public  record. 

Discharge  of  persons  committed. 

Sec.  711.  In  any  case  where  the  period  ol  detention,  as 
fixed  by  the  Commissioner  shall  exceed  twenty  days,  and 
shall  be  less  than  one  hundred  and  sixty  days,  the  magis- 
trate who  signed  the  last  warrant  of  commitment  may,  after 
the  expiration  of  twenty  days,  direct  the  discharge  of  any 
person  so  committed,  but  no  such  order  or  mandate  shall  be 

334 


granted  by  any  magistrate  except  upon  the  written  certificate 
of  the  Commissioner  specifying  the  period  of  detention 
fixed  by  him  for  the  person  so  committed,  and  upon  an 
affidavit  setting  forth  facts  which,  in  the  opinion  of  the 
said  magistrate,  shall  justify  such  discharge.  The  said  affi- 
davit and  certificate  shall  be  filed  and  preserved  with  the  com- 
plaint upon  which  such  person  was  last  convicted.  Upon  any 
subsequent  commitment,  under  section  707  of  this  Act, 
of  a  person  so  discharged,  the  Commissioner  shall  fix  the 
period  of  detention  of  such  person  at  the  term  for  which 
he  would  have  been  detained  under  the  existing  commitment 
if  no  such  order  or  mandate  had  been  granted. 

Transfer  of  inmates  by  Commissioner. 

Sec.  712.  The  Commissioner  may  transfer  and  commit  and 
cause  to  be  transferred  and  committed  from  the  workhouse 
to  the  city  prison,  penitentiary,  or  to  any  other  of  the  institu- 
tions in  the  Department,  any  person  committed  to  the 
workhouse  under  section  707  of  this  Act,  whenever  such 
transfer  shall  be  necessary  tor  the  proper  care  and  manage- 
ment of  such  city  prison,  penitentiary  or  other  institution  or 
for  the  proper  employment  of  such  person.  The  Commis- 
sioner may  also  transfer  and  commit  and  cause  to  be  trans- 
ferred from  the  workhouse  to  the  city  prison  or  penitentiary, 
any  person  committed  to  the  workhouse  under  section  707  of 
this  Act,  whenever,  by  reason  of  the  number  of  offenders 
actually  detained  in  such  workhouse  at  any  time,  there  shall  not 
be  accommodation  therein  for  all  the  persons  committed 
thereto;  and  in  like  manner  the  Commissioner  may  transfer 
prisoners  from  one  penitentiary  to  another  penitentiary  within 
the  Department,  or  from  one  district  prison  to  another  district 
prison  within  the  Department,  whenever  it  may  be  necessary 
to  prevent  over-crowding.  The  Commissioner  may  also  trans- 
fer and  commit  or  cause  to  be  transferred  and  committed  from 
the  city  prison  to  the  workhouse  to  be  detained  and  employed 
therein  any  person  who  shall  have  been  duly  committed  to 
the  city  prison. 


335 


Alteration  and  repair  of  buildings. 

Sec.  713.  Whenever  the  increase  of  inmates  in  or  the  proper 
care  and  government  of  the  institutions  in  the  Department 
shall,  in  the  judgment  of  the  Commissioner,  render  it  necessary 
or  expedient,  he  shall  have  power  to  enlarge  or  alter  the  build- 
ing or  buildings  occupied  by  such  institutions ;  and  he  shall 
also  have  power  to  make  all  needful  repairs  to  such  buildings 
and  the  appurtenances  thereto,  provided  that  an  appropriation 
has  been  made  therefor.  The  Commissioner  shall  when 
practicable  cause  the  work  of  such  alterations  or  repairs  to  be 
done  by  persons  confined  in  such  institutions. 

Additional  gifts  to  be  given  to  inmates  on  discharge. 

Sec.  714.  In  addition  to  the  donations,  provided  by  the 
general  laws  of  the  State,  to  be  given  to  inmates  of  penal 
institutions  upon  their  discharge,  the  Commissioner  of  Correc- 
tions shall  donate  to  each  inmate  serving  a  term  longer  than 
three  years  the  sum  of  five  dollars  upon  his  discharge. 


336 


CHAPTER  XV. 

I 

FIRE  DEPARTMENT. 

Title  1.      Organization,  Duties  and  Powers  of  Officers  and  Men. 

2.  Fires  and  their  Extinction. 

3.  Prevention    of    Fires;     Explosives    and    Combustible 

Materials. 

4.  Fire  Marshals,  and  Investigation  of  Origin  of  Fires. 

5.  Relief  Fund  and  Pensions. 

6.  Tax  upon  Foreign  Insurance  Companies. 

Title  1. 
organization,  duties  and  powers  of  its  officers  and  men. 

Fire  Commissioner;  salary. 

Sec.  720.  The  head  of  the  Fire  Department  shall  be  the 
Fire  Commissioner.  He  shall  be  appointed  by[the  Mayor  and 
hold  office  as  provided  in  Chapter  IV  of  this  Act.  The  salary 
of  the  Fire  Commissioner  shall  be  seven  thousand  five  hundred 
dollars  a  year. 

Deputies. 

Sec.  721.  The  Fire  Commissioner  shall  appoint  a  Deputy  Com- 
missioner, who  shall  be  seated  at  the  office  of  the  Fire  Department 
in  the  Borough  of  Brooklyn,  through  whom  such  business,  duties 
and  powers  of  the  Fire  Department  in  the  Boroughs  of  Brooklyn 
and  Queens  shall  be  conducted,  performed  and  exercised,  as  may 
be  directed  by  the  Fire  Commissioner. 

Consolidation  of  Departments:    Volunteer  Departments. 

Sec.  728.  The  officers  and  members  of  the  uniformed  force 
and  legally  appointed  firemen  in  the  corporation  formerly  known 

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as  the  Mayor  Aldermen  and  Commonalty  of  the  City  of  New- 
York,  and  in  the  city  of  Brooklyn  and  in  the  city  of  Long  Island 
City,  are  hereby  made  members  of  the  Fire  Department  of  The 
City  of  New  York,  as  hereby  constituted,  and  shall  be  assigned 
to  duty  therein  by  the  Fire  Commissioner,  with  the  rank  and  grade 
now  held  by  them  respectively,  as  nearly  as  may  be  practicable. 
The  paid  fire  department  system  shall,  as  soon  as  practicable, 
be  extended  over  the  Boroughs  of  Queens  and  Richmond,  by 
the  Fire  Commissioner,  and  thereupon  the  present  volunteer 
fire  departments  now  maintained  therein  shall  be  disbanded. 
Any  real  property  and  likewise  any  apparatus,  equipment  or 
other  personal  property  owned  or  used  by  said  volunteer 
forces  which  may  be  deemed  useful  or  necessary  for  the  use  of  the 
Fire  Department,  shall,  upon  the  extension  of  the  paid  system  to  the 
Boroughs  of  Queens  and  Richmond,  respectively,  be  purchased  by 

the  Fire  Commissioner  at  the  reasonable  value  thereof.  In  the 
meantime,  and  until  the  said  paid  Fire  Department  shall  be  ex- 
tended over  said  territory  as  herein  provided,  said  volunteer  fire 
companies  shall  continue  to  discharge  the  duties  for  which  they 
have  been  associated  or  incorporated,  and  said  companies  shall 
receive  from  the  City  such  sums  as  are  now  awarded  them  by  the 
villages  or  towns  in  which  they  are  respectively  located.  When- 
ever hereafter  the  paid  Fire  Department  shall  be  extended  into 
any  part  of  the  territory  of  The  City  of  New  York,  as  hereby 
constituted,  in  which  now  or  hereafter  there  shall  exist  a  vol- 
unteer fire  department,  such  members  of  said  volunteer  fire 
department  in  said  locality  as  may  be  in  active  service  shall,  so 
far  as  practicable,  be  preferred  for  appointment  as  firemen  in 
the  paid  department ;  and  the  volunteer  benevolent  asso- 
ciations existing  within  said  territory  shall  possess  all  the  privi- 
leges, and  be  entitled  to  all  the  rights  now  conferred  by  law  on 
such  associations. 

Treasurer. 

Sec.  723.  The  Fire  Commissioner  shallbe  the  Treasurer  of  the 
Fire  Department,  and  shall  file  in  the  office  of  the  Comptroller 
a  bond  in  the  sum  of  one  hundred  Dhousand  dollars  for  the  faithful 
performance  of  his  duties  as  such  Treasurer. 

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Powers. 

Sec.  724.  The  Fire  Commissioner  shall  possess  and  exercise 
fully  and  exclusively  all  powers,  and  perform  all  duties  for  the  gov- 
ernment, management,  maintenance,  and  direction  of  the  Fire  De- 
partment of  the  city,  and  the  premises  and  property  thereof.  The 
said  Department  shall  have  sole  and  exclusive  power  and  authority 
to  extinguish  fires  in  said  city.  All  real  estate,  fire  apparatus,  hose, 
implements,  tools,  bells,  and  bell-towers,  fire  telegraph,  and  all 
property,  of  whatever  nature,  in  use  by  the  firemen  or  Fire  Depart- 
ment of  the  city,  belonging  to  said  city,  shall  be  in  the  keeping  and 
custody  of  the  Fire  Department,  and  for  the  use  of  said  Department. 
But  the  said  property  shall  remain  the  property  of  the  City  of  New 
York,  subject  to  the  public  uses  of  said  Department,  as  aforesaid 
and  for  the  purposes  provided  by  this  chapter.  And  whenever  any 
of  the  said  property  shall  no  longer  be  needed  by  the  said  Depart- 
ment for  the  purposes  of  this  chapter,  the  Commissioner  shall  sur- 
render the  same  to  the  city. 

Horses,  apparatus,  etc.,  to  be  provided. 

Sec.  725.  The  Fire  Commissioner  shall,  subject  to  the  other 
provisions  of  this  Act,  have  full  power  to  provide  supplies,  horses, 
tools,  implements,  and  apparatus  of  any  and  all  kinds  (to  be  used  in 
the  extinguishing  of  fires),  and  fire  telegraphs,  to  provide  suitable 
locations  for  the  isame,  and  to  buy,  sell,  construct,  repair,  and  have 
the  care  of  the  same,  and  take  any  and  all  such  action  in  the 
premises  as  may  be  reasonably  necessary  and  proper. 

To  control  and  manage  property,  etc. 

Sec.  726.  The  Fire  Commissioner  shall  possess  and  exercise 
full  and  exclusive  power  and  discretion  for  the  government,  man- 
agement, maintenance  and  direction  of  the  several  buildings  and 
premises,  and  bell-towers,  and  property,  and  appurtenances  thereto, 
and  all  apparatus,  hose,  implements,  and  tools  of  any  and  all  kinds 
which  may  belong  to  or  be  in  the  use  of  the  said  department. 

Bureaus. 

Sec.  727.     The  Fire  Commissioner  shall  have  power  to  organ- 

339 


ize  the  Fire  Department  into  such  bureaus,  as  may  be  convenient 
and  necessary  for  the  performance  of  the  duties  imposed  upon  him. 
One  bureau  shall  be  charg-ed  with  the  duty  of  preventing  and  ex- 
tinguishing fires  and  of  protecting  property  from  water  used  at 
fires,  the  principal  officer  of  which  shall  be  called  the  "Chief  of  De- 
partment." Another  bureau  shall  be  charged  with  the  execution 
of  all  laws  relating  to  the  storage,  sale,  and  use  of  combustible 
materials,  the  principal  officer  of  which  shall  be  called  "Inspector 
of  Combustibles."  The  salary  of  said  Inspector  of  Combustibles 
shall  be  three  thousand  dollars  a  year.  Another  bureau  shall 
be  charged  with  the  investigation  of  the  origin  and  cause  of 
fires,  the  principal  officers  of  which  shall  be  called  "  Fire 
Marshals."  A  branch  of  said  bureau  shall  be  located  in  the 
Borough  of  Brooklyn. 

Selection  of  subordinates. 

Sec.  728.  The  Fire  Commissioner  shall  have  power  to  select 
heads  of  bureaus  and  assistants  and  as  many  officers  and  firemen  as 
may  be  necessary,  and  they  shall  at  all  times  be  under  the  con- 
trol of  the  Fire  Commissioner,  and  shall  perform  such  duties  as 
may  be  assigned  to  them  by  him,  under  such  names  or  titles  as  he 
may  confer ;  provided,  however,  that  assignments  to  duty  and 
promotions  shall  be  made  by  the  Fire  Commissioner  upon  the 
recommendation  of  the  Chief  of  Department,  and  in  case  any 
recommendation  so  made  by  the  Chief  shall  be  rejected,  he  shall, 
within  three  days,  submit  another  name  or  names,  and  continue 
so  to  do  until  the  assignment  or  promotion  is  made. 

Location  of  fire  alarm  telegraph,  etc. :  penalty  for  interference  therewith. 
Sec.  729.  The  Fire  Commissioner  shall  have  exclusive  right 
and  power  from  time  to  time  to  designate  and  fix  the  location  of  all 
fire-alarm  telegraph,  signal  and  alarm  stations  in  the  city,  and  to 
have  access  to  and  the  control  of  the  same  for  the  purposes  of  the 
department;  to  fix  upon  and  adopt  the  colors  or  combination  of 
colors  in  painting  the  poles,  boxes,  and  fixtures  thereof,  and  the 
kind  or  style  of  keys  and  appliances  by  which  to  operate  the  same ; 
to  select  and  designate  the  places  of  deposit  for  keeping  the  keys 

340 


of  the  various  stations,  and  to  designate  the  offices  and  persons  who 
shall  be  intrusted  with  duplicate  keys  and  authorized  to  use  the 
same,  and  to  make  from  time  to  time  such  rules  and  regulations 
governing  the  possession,  return,  or  use  thereof,  and  as  to  the  use 
and  control  of  said  telegraph,  as  they  may  deem  necessary;  and  no 
person  other  than  the  said  Commissioner  or  the  officers  and  employ- 
ees specially  authorized  to  operate  said  telegraph,  or  to  use  the 
same  for  instruction  or  drill,  or  policemen  or  citizens  using  the 
same  for  communicating  an  actual  alarm  of  fire,  shall  make  use 
thereof;  and  no  person  shall  use  the  keys  or  appliances  thereof  for 
communicating  a  false  alarm,  or  experimenting  or  tampering  with 
the  same  for  any  purpose  whatever,  or  have  or  possess  any  key 
thereof,  without  such  authority;  and  no  person,  association,  corpo- 
ration, or  company  shall  post,  paint,  impress,  or  in  any  way  affix  to 
any  pole  connected  with  said  fire-alarm  telegraph,  or  any  box, 
wire,  or  other  appliance  connected  therewith,  any  placard,  sign, 
broadside,  notice,  or  announcement  of  any  kind,  or  cut,  mutilate, 
alter,  mar,  deface,  cover,  obstruct,  or  interfere  with  the  same  in  any 
manner  whatsoever,  or  paint  or  cause  to  be  painted,  the  poles  of 
any  other  telegraph,  or  any  other  poles  on  the  lines  thereof,  of  a 
similar  color  or  colors,  or  in  irhitation  thereof,  nor  consent,  allow, 
or  be  privy  to  any  of  said  things  being  done  for  them  or  upon  their 
behalf;  and  any  ofifense  against  the  provisions  of  this  section  shall 
be  punished  as  a  misdemeanor,  and  subject  the  party  or  parties 
violating  the  same  tc  an  additional  penalty  of  one  hundreid  dollars. 
No  kite  shall  be  flown,  raised,  or  put  up  in  the  streets  or  avenues 
adjacent  to  the  lines  of  said  telegraph,  or  allowed  to  become  en- 
tangled with  the  wires  or  apparatus  of  said  telegraph,  under  a  pen- 
alty of  ten  dollars  for  every  such  offense;  and  the  Police  Board 
and  their  officers  are  specially  charged  and  directed  to  aid  in  the 
enforcement  of  this  section. 

Business  oiUces.    Seal. 

U  Sec.  730.  The  said  Fire  Commissioner  shall,  subject  to  the 
other  provisions  of  this  Act,  provide  such  offices  and  business  ac- 

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commodations  as  may  be  requisite  for  the  transaction  of  the 
business  of  the  department  and  that  of  its  subordinates.  The 
Commissioner  may  adopt  a  common  seal  and  its  use. 

Suits  and  actions. 

Sec.  731.   The  Fire  Commissioner  is  hereby  authorized,  em- 
powered, and  especially  charged  with  the  duties  of  enforcing  the 
several  provisions  of  this  chapter,  and  may,  subject  to  the  other 
provisions  of  this  Act,  incur  any  expense  necessary  and  proper 
therefor;  and  said  Fire  Commissioner  is  hereby  authorized  and 
empowered  to  receive  and  collect  all  license  fees  mentioned  in  this 
chapter,and  to  sue  for,and  shall  have  the  exclusive  right  of  recovery 
of,  any  and  all  penalties  imposed  under  this  chapter,and  may  sue  for 
and  recover  and  collect  the  same,  with  costs,  in  the  manner  pro- 
vided for  in  actions  under  the  Code  of  Civil  Procedure,  and  shall 
apply  the  same  to  the  uses  and  purposes  of  the  relief  fund  of  the 
Fire  Department  in  the  City  of  New  York,  and  the  said  Fire  Com- 
missioner may  bring  any  suit  or  action  for  the  enforcement  of  its 
rights  and  contracts,  and  for  the  protection,  possession,  and  main- 
tenance of  the  property  under  the  control  of  said  department;  and 
any  action  to  recover  any  fee,  fine,  or  penalty  under  this  chapter 
may  be  brought  in  any  of  the  Municipal  courts  in  said  city  ;  and  the 
assistant  corporation   counsel   assigned   to   the   Fire   Department 
shall,  under  the  direction  of  the  Fire  Commissioner,  take  charge 
of  the  prosecution  of  all  suits  or  proceedings  instituted  for  the  re- 
covery and    collection  of  penalties,  and  the    enforcement    of    the 
several  provisions  of  this  chapter;  collect  and  receive  all  moneys 
upon  judgments,  suits,  or  proceedings  so  instituted;  pay  all  costs 
and  disbursements,  and  discontinue  suits  and  proceedings,  and  ex- 
ecute satisfaction  of  judgments  upon  payment  of  penalties  or  costs, 
and  in  compliance  with  orders  made  in  such  suits  and  proceedings; 
shall  keep  a  correct  and  accurate  register  of  all  suits  and  proceed- 
ings, and  account  for  all  moneys  received  and  paid  out  thereon; 
and  shall  pay  over  to  the  treasurer  of  the  relief  fund  the  amount  of 
all  license  fees,  penalties,  and  moneys  received  and  collected  by 
him,  and  the  said  Fire  Commissioner  is  authorized  to  settle  or  com- 

342 


promise  any  such  suit  or  judgment  for  less  than  the  amount  of  the 
same,  in  case,  in  his  judgment,  he  is  satisfied  that  the  full 
amount  cannot  be  collected. 

Members  of  force  to  decline  nominations  to  ofUce. 

Sec.  732.  Any  officer  or  member  of  the  uniformed  force  of  said 
department  who  shall  be  publicly  nominated  for  any  office,  elect- 
ive by  the  people,  and  who  shall  not  decline  the  said  nomination 
within  ten  days  succeeding  notice  of  the  same,  shall  be  deemed 
to  have  vacated  his  office  in  the  Fire  Department. 

Uniforms  and  badges. 

Sec.  733.  It  shall  be  the  duty  of  the  Fire  Commissioner  to 
make  suitable  regulations  under  which  the  officers  and  men  of  the 
Fire  Department  shall  be  required  to  wear  an  appropriate  uniform 
and  badge,  by  which  in  case  of  fire  and  at  other  times,  the  authority 
and  relations  of  such  officers  and  men  in  said  department  may  be 
known  as  the  exigency  of  their  duties  may  require.  It  shall  be  a 
misdemeanor,  punishable  by  imprisonment  for  a  period  of  not 
less  than  sixty  days,  for  a  person  not  enrolled  or  employed, 
or  appointed  by  the  said  department,  to  wear  the  whole  or 
any  part  of  the  uniform  or  insignia  prescribed'  to  be  worn  by  the 
rules  or  regulations  of  the  Fire  Department,  or  do  any  act  as  fire- 
man not  duly  authorized  by  the  Commissioner,  or  to  interfere  with 
the  property  or  apparatus  of  the  Fire  Department  in  any  manner 
unless  by  the  authority  of  the  Fire  Commissioner,  Any  person  who 
shall  falsely  represent  any  member  of  the  uniformed  force  of  the 
Fire  Department,  or  who  shall  maliciously,  with  intent  to  deceive, 
use,  or  imitate  any  of  the  signs,  fire  caps,  badges,  signals  or  de- 
vices adopted  or  used  by  the  said  department,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine  of  not  less 
than  twenty-five  dollars  or  more  than  two  hundred  and  fifty  dol- 
lars, and  to  imprisonment  for  a  term  not  less  than  ten  days,  or 
more  than  three  months,  such  fines  when  collected,  to  be  paid 
over  to  the  trustees  of  the  New  York  Fire  Department  relief 
fund. 

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Qtuilifications  of  force. 

Sec.  734.  No  person  shall  be  appointed  to  membership  in 
the  Fire  Department  or  continue  to  hold  membership  therein, 
who  is  not  a  citizen  of  the  United  States,  or  who  has  ever  been 
convicted  of  felony ;  nor  shall  any  person  be  appointed  who  can- 
not read  and  write  understandingly  in  the  English  language,  or 
who  shall  not  have  resided  within  the  State  one  year  immediately 
prior  to  his  appointment,  or  who  is  not  over  the  age  of  twenty- 
one  and  under  the  age  of  thirty  years. 

Resignations  and  absences. 

Sec.  735.  No  member  of  the  Fire  Department  shall,  under 
penalty  of  forfeiting  the  salary  or  pay  which  may  be  due  to  him, 
withdraw  or  resign,  except  by  permission  of  the  Fire  Commis- 
sioner. Unexplained  absence,  without  leave,  of  any  member  of  the 
uniformed  force,  for  five  days,  shall  be  deemed  and  held  to  be  a 
resignation  by  such  member,  and  accepted  as  such. 

Military  and  jury  duty:  arrest. 

Sec.  736.  No  person  holding  office  under  this  department 
shall  be  liable  to  military  or  jury  duty,  nor  to  arrest  on  civil  pro- 
cess, or,  whilst  actually  on  duty,  to  service  of  subpoenas  from  civil 
courts. 

Warrants  of  appointment. 

Sec.  737.  Every  member  of  the  uniformed  force  shall  have 
issued  to  him  a  proper  warrant  of  appointment  signed  by  the 
Fire  Commissioner. 

Oaths  of  office. 

Sec.  738.  Each  member  of  the  uniformed  force  shall  take  an 
oath  of  office,  and  subscribe  the  same  before  an  officer  of  the 
Department  empowered  to  administer  an  oath. 

Discipline,  etc. 

739.  The  government  and  discipline  of  the  Fire  Depart- 
ment shall  be  such  as  the  Fire  Commissioner  may,  from  time  to 

344 


time,  by  rules,  reg-ulations,  and  orders  prescribe.  The  Fire  Com- 
missioner shall  have  power,  in  his  discretion,  on  conviction  of  a 
member  of  the  force  of  any  legal  offense  or  neglect  of  duty,  or 
violation  of  rules,  or  neglect  or  disobedience  of  orders,  or  inca- 
pacity, or  absence  without  leave,  or  any  conduct  injurious  to  the 
public  peace  or  welfare,  or  immoral  conduct,  or  conduct  unbecom- 
ing an  oflficer  or  member  or  other  breach  of  discipline,  to  punish 
the  offending  party,  by  reprimand,  forfeiting  and  withholding  pay 
for  a  specified  time,  or  dismissal  from  the  force ;  but  no  more  than 
ten  days'  pay  shall  be  forfeited  and  withheld  for  any  offense.  Offi- 
cers and  members  of  the  uniformed  force  shall  be  removable  only 
after  written  charges  shall  have  been  preferred  against  them,  and 
after  the  charges  shall  have  been  publicly  examined  into, upon  such 
reasonable  notice  to  the  person  charged,  and  in  such  manner  of 
examination  as  the  rules  and  regulations  of  the  Fire  Commissioner 
may  prescribe.  The  examination  into  such  charges  shall  be 
conducted  by  the  Fire  Commissioner  or  by  the  Deputy  Com- 
missioner; but  no  decision  shall  be  final  or  be  enforced,  until 
approved  by  the  Fire  Commissioner. 

No  member  of  the  uniformed  force  shall  be  permitted  to 
contribute  any  moneys  directly  or  indirectly  to  any  political 
fund,  or  to  join  or  become  or  be  a  member  of  any  political  club 
or  association,  or  of  any  club  or  association  intended  to  affect 
legislation  for  or  on  behalf  of  the  Fire  Department  or  any  officer 
or  member  thereof,  or  to  contribute  any  money  directly  or 
indirectly  for  such  purpose. 

The  rules  and  regulations  now  established  in  the  respective  fire 
departments  of  the  City  of  New  York,  the  City  of  Brooklyn,  and 
Long  Island  City,  shall  continue  in  force  until  modified  or  repealed 
by  said  Commissioner.  The  rules  and  regulations  of  the  Fire 
Department,  when  established  by  the  Fire  Commissioner,  shall 
be  printed,  published  and  circulated  among  the  officers  and 
members  of  said  department. 

Grades^ranks  and  salaries  of  officers  and  members  of  the  uniformed 
force. 
Sec.  740.  The  ranks  and  salaries  of  officers  of  the  Fire  De- 
partment  shall  be  as  follows:     Chief  of   Department   whose 

345 


annual  salary  shall  be  not  more  than  six  thousand  dollars,  nor 
less  than  five  thousand  dollars ;  Deputy  Chiefs  of  Department 
whose  annual  salary  shall  be  not  more  than  four  thousand  dol- 
lars, nor  less  than  three  thousand  five  hundred  dollars  ;  Bat- 
talion Chiefs  whose  annual  salary  shall  be  not  more  than  three 
thousand  five  hundred  dollars,  nor  less  than  two  thousand 
seven  hundred^aud  fifty  ^dollars  ;  Captains  or  Foremen  of  com- 
panies whose  annual  salary  shall  be  not  more  than  two  thou- 
sand five  hundred  dollars,  nor  less  than  eighteen  hundred  dol- 
lars ;  Lieutenants  or  Assistant  Foremen  of  companies  whose 
annual  salary  shall  be  not  more  than  eighteen  hundred  dollars, 
nor  less  than  one  thousand  five  hundred  dollars  ;  Engineers  of 
steamers  whose  annual  salary  shall  be  not  more  than  one  thou- 
sand six  hundred  dollars,  nor  less  than  one  thousand  three 
hundred  dollars. 

From  and  after  January  ist,  1898,  the  uniformed  members 
of  the  Fire  Department  who  are  firemen  shall  be  divided  into 
four  grades,  to  wit.  First,  Second,  Third  and  Fourth,  and  shall 
receive  an  annual  pay  or  compensation  as  follows  :  Members 
of  the  First  grade,  fourteen  hundred  dollars ;  members  of 
the  Second  grade,  twelve  hundred  dollars ;  members  of  the 
Third  grade,  one  thousand  dollars,  and  members  of  the  Fourth 
grade,  eight  hundred  dollars. 

The  members  of  the  uniformed  force  who  are  appointed  after 
January  i,  1898,  shall  be  assigned  to  the  Fourth  grade  ;  after 
one  year  of  service  in  the  Fourth  grade,  they  shall  be  advanced 
to  the  Third  grade  ;  after  one  year  of  service  in  the  Third 
grade,  they  shall  be  advanced  to  the  Second  grade ;  after  one 
year  of  service  in  the  Second  grade,  they  shall  be  advanced  to 
the  First  grade  ;  and  they  shall  in  each  instance  receive  the 
annual  pay  or  compensation  of  the  grade  to  which  they  belong 
as  herein  provided. 

All  persons  who,  when  this  Act  takes  effect,  are  firemen  in 
the  uniformed  force  of  the  Fire  Department  of  the  corporation 
heretotore  known  as  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  New  York,  or  of  the  City  of  Brooklyn,  or  of  the 
corporation  heretofore  known  as  Long  Island  City,  shall  there- 
upon become  firemen  of  that  grade  having  a  salary  thereto  at- 
tached equal  to  the  salary  or  compensation   paid  such   firemen, 

346 


respectively,  at  the  time  of  the  taking  effect  of  this  Act ;  pro- 
vided, however,  that  any  such  firemen  who  has  been  a  member 
of  the  uniformed  force  in  the  City  of  Brooklyn,  or  in  Long 
Island  City,  whose  salary  falls  between  any  two  of  the  grades 
hereby  established,  shall  within  three  years  have  his  salary 
made  equal  to  the  salary  of  the  First  grade  by  equal  annual 
additions. 

Nothing-  in  this  section  contained  shall  be  construed  to 
change  in  any  way  the  salaries  or  grading,  present  or  pros- 
pective, of  the  firemen  who  are  or  shall  become  members  of 
the  uniformed  force  of  the  New  York  Fire  Department  prior 
to  January  ist,  1898;  and  nothing  in  this  section  contained  shall 
be  construed  to  affect  in  any  other  way  than  as  provided 
herein  the  rights  and  privileges  secured  under  the  provisions 
of  this  Act  to  uniformed  members  of  the  various  Fire  Depart- 
ments consolidated  into  one  Department  by  this  Act. 

The  pay  or  compensation  of  the  officers  of  the  Fire  Depart- 
ment and  each  of  them  mentioned  in  the  first  paragraph   of 
this   section,   and  also   the  pay  or  compensation    of  District 
Engineers  and  officers    ranking   as    such,   and    of   any  other 
officers  who,   when  this  Act  takes  effect,  belong  to  the  uni- 
formed force  of  either  of  the  Fire  Departments   hereby  con- 
solidated   into   one    Department,   shall  be  and    remain   fixed 
at  the  amount  which  they  and  each  of  them  were  severally 
receiving   or   entitled  to  receive    from  tlie  respective    muni- 
cipal   corporations    in    whose    employ    they    were    prior  to 
the  taking  effect  of  this  Act ;    provided,  however,  that  the 
salaries  of  all  such  officers  in  either  of  said  Fire  Departments 
other  than  the  New   York  Department,  so  consolidated  into 
one  Department,  shall  be  made  equal  to  the  salaries  of  corre- 
sponding officers  in  said  New  York  Department,  within  three 
years  from  January  ist,  1898,  by  equal  annual  additions  ;  and 
provided  further  that  if  the  difference  in  the  pay  received  b}^ 
such  officers  and  the  pay  received  by  corresponding  officers 
of  the  New  York  Fire  Department  as  heretofore  existing,  is 
not  more  than  $50,  when  this  Act  takes  effect,  the  pay  shall  be 
equalized  at  once. 

The  pay  or  compensation  aforesaid  shall  be  paid  monthly  to 
each  person  entitled  thereto,  subject  to  such  deductions  each 

347 


[USIVIRSITY] 


month  from  the  pay  or  compensation  of  said  persons  as  are  or 
shall  be  authorized  by  law  or  by  this  Act ;  and  no  pay  or  com- 
pensation shall  be  allowed  or  paid  to  any  such  fireman  or  offi- 
cer, except  as  in  this  section  provided  for  and  declared,  any 
other  law  to  the  contrary  or  otherwise  notwithstanding. 

Police  Department  to  co-operate. 

Sec.  741.  It  shall  be  the  duty  of  the  Fire  Department  and 
of  the  Police  Department,  their  respective  officers  and  men,  to  co- 
operate together  in  all  proper  ways,  and  the  said  Police  Depart- 
ment and  Fire  Department  may  respectively  provide  for  protec- 
tion against  fire,  and  for  the  arrest  of  all  persons  who  may,  at  or 
near  any  fire,  commit,  or  attempt  to  commit,  any  crime  against 
the  laws  of  this  State,  or  violate  any  rule  or  regulation  of  said 
Police  Department  or  Fire  Department. 


TrrLE  2. 

FIRES   AND   THEIR   EXTINCTION. 

Right  of  way :  obstructing. 

Sec.  748.  The  officers  and  men  of  the  Fire  Department,  with 
their  apparatus  of  all  kinds,  when  on  duty,  shall  have  the  right  of 
way  at  any  fire  in  any  highway,  street,  or  avenue,  over  any  and  all 
vehicles  of  any  kind,  except  those  carrying  the  United  States  mail. 
And  any  person  in  or  upon  any  vehicle  who  shall  refuse  the  right 
of  way,  or  in  any  way  obstruct  any  fire  apparatus,  or  any  of  said 
officers  while  m  the  performance  of  duty,  shall  be  guilty  of  mis- 
demeanor, and  be  liable  to  punishment  for  the  same. 

Hose-bridges  on  railway  tracks. 

Sec.  749.  The  Fire  Commissioner  is  empowered  to  provide  for 
the  laying  on  the  railway  tracks  of  the  city,  over  the  hose  used  by 

348 


the  department  for  the  extinguishment  of  fires,  such  hose  bridges 
as  he  may  deem  necessary;  and  the  various  horse  and 
steam  railways  companies  running  cars  within  the  limits  of  the 
City  of  New  York  shall  provide  and  use  such  hose-bridges  as  may 
be  designated  by  the  Fire  Commissioner.  Such  bridges  shall  be 
paid  for  by  the  railway  companies  using  the  same. 

Fire  hydrants  not  to  be  obstructed. 

Sec.  750.  No  person  shall  in  any  manner  obstruct  the  use  of 
any  fire  hydrant  in  said  city,  or  allow  any  snow  or  ice  to  be  thrown 
or  piled  upon  or  around  the  same,  or  have  or  place,  or  allow  to  be 
placed,  any  material  in  front  thereof,  from  the  curb  line  to  the 
center  of  the  street,  and  to  within  ten  feet  from  either  side  thereof, 
and  all  snow  and  ice  accumulating  within  such  space  shall  be  re- 
moved by  the  owner  or  owners,  lessee  or  lessees,  of  the  premises 
fronting  the  same  in  the  same  manner  as  is  prescribed  for  the  keep- 
ing clear  of  the  sidewalk,  under  a  penalty  of  ten  dollars  for  each  and 
every  such  offense;  and  any  and  all  material  found  as  an  obstruc- 
tion, as  aforesaid,  may  be  forthwith  removed  by  the  officers  or  em- 
ployees of  said  department,  and  at  the  risk,  cost  and  expense  of  the 
owner  or  claimant,  and  said  Fire  Commissioner  may  take  all  proper 
measures  to  keep  said  hydrants  from  freezing,  and  in  proper  condi- 
tion for  use  at  all  times. 

Sappers  and  miners. 

Sec.  751.  The  Fire  Commissioner  is  hereby  empowered  and 
directed  to  maintain  in  the  Fire  Department  a  corps  to  be  known 
as  the  corps  of  sappers  and  miners.  Said  corps  shall  be  composed 
of  not  exceeding  three  members,  either  officers  or  private  firemen, 
of  each  company  in  said  Fire  Department,  and  said  members  shall 
be  appointed  by  said  Commissioner,  upon  the  nomination  of  the 
Chief  of  Department.  The  said  Commissioner  shall  appoint 
a  suitable  officer,  who  shall  be  skilled  in  the  use  of  explos- 
ives, whose  duty  it  shall  be  to  instruct  and  drill  said  corps  in 

349 


the  use  of  explosives,  and  to  give  said  corps  such  other  instruction 
as  may  be  required  to  qualify  them  to  eflfectually  discharge  the 
duties  imposed  upon  them  by  this  title.  Such  officer  shall  receive 
an  annual  salary  of  two  thousand  dollars,  and  such  salary  shall  be 
raised  and  paid  in  the  same  manner  as  the  salaries  of  the  other  offi- 
cers appointed  by  said  Commissioner. 

Id.:  duties  of . 

Sec.  752.  Whenever,  under  and  by  virtue  of  the  Acts  relating 
to  the  extinguishment  of  fires  in  the  City,  the  destruction  or  pulling 
down  of  any  building  or  buildings  shall  be  deemed  necessary  and 
shall  be  ordered  by  the  officer  in  command  at  any  fire  in  said  city, 
it  shall  be  the  duty  of  said  corps,  or  any  member  or  members  there- 
of, by  the  direction  of  said  officer  in  command  at  such  fire,  to  level 
and  destroy  such  building  or  buildings  by  the  use  of  explosives, 
for  the  purpose  of  arresting  the  spread  of  such  fire,  and  it  shall 
be  lawful  for  them  to  enter  and  take  possession  of  tihe  same  for 
such  purposes. 

Explosives :  depots  for  storage  of. 

Sec.  753.  The  Fire  Commissioner  shall  establish  in  The  City  of 
New  York,  one  or  more  depots  for  the  storage  and  safe-keeping  oi 
such  explosives  as  may  be  required  for  the  use  of  said  corps,  and 
may  limit  the  quantity  of  any  such  explosives  to  be  kept  at  any  one 
of  such  depots. 

Pulling  down  buildings  to  prevent  spread  of  fire. 

Sec.  754.  When  any  building  or  buildings  in  The  City  of  New 
York  shall  be  on  fire,  it  shall  be  lawful  for  the  Fire  Commissioner 
to  direct  and  order  the  same,  or  any  other  building  which  he  may 
deem  hazardous,  and  likely  to  take  fire,  or  to  convey  the  fire  to 
other  buildings,  to  be  pulled  down  or  destroyed.  Upon  the  appli- 
cation of  any  person  interested  in  such  building  so  pulled  down  or 
destroyed,  to  the  Supreme  Court,  in  the  judicial  department 
within  which  such  building  is  situated,  it  shall  be  its  duty  to  issue 

350 


a  precept  for  a  jury  to  inquire  into  and  assess  the  damages  which 
the  owners  of  such  building  and  all  persons  having  an  estate  or 
interest  therein  have  respectively  sustained  by  the  pulling  down 
or  destruction  thereof;  which  precept  shall  be  issued,  directed, 
executed,  returned  and  proceeded  upon,  and  the  proceedings 
thereon  shall  take  effect,  as  nearly  as  may  be,  in  such  manner  as 
is  provided  in  the  case  of  land  taken  for  public  purposes;  and,  the 
said  inquiry  and  assessment  having  been  confirmed  by  the  Court, 
the  sums  assessed  by  the  jury  shall  be  paid  by  the  City  of  New 
York  to  the  respective  persons  in  whose  favor  the  jury  shall  have 
assessed  the  same,  in  full  satisfaction  of  all  demands  of  such  per- 
sons respectively,  by  reason  of  the  pulling  down  or  destruction  of 
such  building;  and  the  Court  before  whom  such  process  shall  be 
returnable  shall  have  power  to  compel  the  attendance  of  jurors  and 
witnesses  upon  any  such  assessment  of  damages. 

Idle  persons,  etc.,  may  be  removed  from  fires. 

Sec.  755.  During  the  actual  prevalence  of  any  fire,  it  shall  and 
may  be  lawful  for  the  officers  of  the  Police  and  Fire  Departments 
to  remove,  or  cause  to  be  removed  and  kept  away  from  the  vicinity 
of  such  fire,  all  idle  and  suspicious  persons,  and  all  persons  not  fit 
to  be  employed  or  not  actually  and  usefully  employed,  in  their  judg- 
ment, in  aiding  the  extinguishment  of  such  fire  or  in  the  preserva- 
tion of  property  in  the  vicinity  thereof. 


Title  3. 

prevention    of    fires — explosives    and    combustible    mate- 
RIALS. 

Shavings:  hozv  to  be  stowed  aivay. 

Sec.  760.     All  carpenters  or  others  in  said  city  making  or 
using  shavings,  shall,  at  the  close  of  each  day,  cause  the  same  to 

351 


be  securely  stowed  in  some  safe  place  remote  from  danger  by- 
fire,  under  the  penalty  of  five  dollars  for  each  omission  to  do  so.  No 
person  shall  kmdle  any  fire  nor  furnish  the  materials,  nor  in  any 
way  authorize  or  allow  any  fire  to  be  made  in  any  street,  road,  al- 
ley, lane,  or  upon  any  pier,  wharf,  or  bulkhead  in  the  City,  except 
under  such  regulations  as  shall  be  established  by  the  Fire  Com- 
missioner, under  a  penalty  of  ten  dolkrs  for  each  and  every  such 
offense.  If  any  chimney,  stove-pipe,  or  flue  within  the  City  shall 
take  fire,  the  occupant  of  the  premises  to  which  such  chimney, 
stove,  or  flue  appertains  shall  forfeit  the  sum  of  five  dollars. 

Hoistways,  iron  shutters,  etc.,  to  be  closed. 

Sec.  761.  All  hoistways,  well-holes,  trap-doors,  and  iron  shut- 
ters shall  be  closed  at  the  completion  of  the  business  of  each  day  by 
the  occupant  of  the  building  having  use  or  control  of  same,  and  in. 
case  of  a  violation  of  this  provision,  such  occupant  having  the  use 
or  control  thereof  shall  forf-^it  and  pay  a  penalty  of  fifty  dollars 
for  each  and  every  neglect  or  omission  so  to  do.  And  for  any  ac- 
cident or  injury  to  life  and  limb,  resulting  directly  or  indirectly 
from  any  neglect  or  omission  to  properly  comply  with  any  of  the 
requirements  of  this  section,  the  person  or  persons  culpable  or 
negligent  in  respect  thereto  shall  be  liable  to  pay  any  officer,  agent, 
or  employee  of  said  Fire  Department  injured,  or  whose  life  may  be 
lost  (resulting  from  such  neglect  or  omission)  while  in  the  discharge 
or  performance  of  any  duty  imposed  by  said  Commissioner,  or  to 
the  wife  and  children,  or  to  the  parents,  or  to  the  brothers  and  sis- 
ters, being  the  surviving  heirs-at-law  of  any  deceased  person  thus 
having  lost  his  life,  a  sum  of  money,  in  case  of  injury  to  person,  not 
less  than  one  thousand  dollars,  and  in  case  of  death  not  less  than 
five  thousand  dollars,  such  liability  to  be  determined  and  such 
sums  recovered  in  an  action  to  be  instituted  by  said  Fire  Commis- 
sioner for  and  in  behalf  of  any  person  injured,  or  the  family  or  rela- 
tives of  any  person  killed  as  aforesaid;  and  any  and  all  persons  for 
any  fire,  resulting  from  his  or  their  wilfull  or  culpable  negligence 
or  criminal  intent  or  design,  shall,  in  addition  to  the  present  pro- 

352 


visions  of  law  for  the  punishment  of  persons  convicted  of  arson, 
be  liable  in  a  civil  action  for  the  payment  of  any  and  all  damages 
to  the  person  and  property,  the  result  of  such  fire,  and  also  for  the 
payment  of  all  costs  and  expenses  of  said  Fire  Department  incurred 
in  and  about  the  use  of  employees,  apparatus,  and  materials  in  the 
extinguishment  of  any  fire  resulting  from  such  cause,  the  amount 
of  such  costs  and  expenses  to  be  fixed  by  said  Commissioner,  and 
when  collected  shall  be  paid  into  the  relief  fund  of  said  department 
herein  created;  and  shall  also  be  liable  for  injury  to  person  or  loss 
of  life  of  any  officer,  agent,  or  employee  of  said  Fire  Department  in 
the  same  manner  and  like  extent,  and  to  be  sued  for  in  like  manner 
as  in  the  preceding  part  of  this  section  provided  for. 

Lights,  precautions  against  fire  and  use  of  aisles  in  places  of  amusement. 

Sec.  762.  All  lights  used  in  theatres  and  other  places  of  pub- 
lic amusement,  manufactories,  stores,  hotels,  lodging-houses  and 
in  show  windows  shall  be  properly  protected  by  globes  or  glass 
coverings,  or  in  such  other  manner  as  the  Fire  Commissioner  shall 
prescribe.  The  owners  and  proprietors  of  all  manufactories,  hotels, 
tenement-houses,  apartment-houses,  office  buildings,  boarding 
and  lodging-houses,  warehouses,  stores  and  offices,  theatres 
and  music  halls,  and  the  authorities  or  persons  having  charge 
of  all  hospitals  and  asylums,  and  of  the  public  schools  and 
other  public  buildings,  churches  and  other  places  where  large 
numbers  of  persons  are  congregated  for  purposes  of  worship, 
instruction  or  amusement,  shall  provide  such  means  of  com- 
municating alarms  of  fire,  accident  or  danger,  to  the  Police 
and  Fire  Departments  respectively  as  the  Fire  Commissioner 
or  Police  Board  may  direct,  and  shall  also  provide  such  fire 
hose,  fire  extinguishers,  buckets,  axes,  fire  hooks,  fire  doors  and 
other  means  of  preventing  and  extinguishing  fires  as  said  Fire 
Commissioner  may  direct.  In  every  building  used  or  occupied 
as  a  hotel,  lodging-house,  or  public  or  private  hospital  or  asylum, 
there  shall  be  employed  by  the  owner  or  proprietor,  or  other  person 

353 


or  persons  having  the  charge  or  management  thereof,  one  or  more 
watchmen,  whose  exclusive  duty  it  shall  be  to  visit  every  portion  of 
such  building,  at  regular  and  frequent  intervals,  under  rules  and 
regulations  to  be  established  by  the  Fire  Commissioner,  for  the  pur- 
pose of  detecting  fire  or  other  sources  of  danger,  and  giving  timely 
warning  thereof  to  the  inmates  of  the  building.     In  every  room  in 
each  of  said  buildings  there  shall  be  posted  a  card,  upon  which 
shall  be  printed  a  diagram  showing  the  exits,  halls,  stairways,  ele- 
vators and  fire-escapes,  and  in  the  halls  and  passageways,  signs  shall 
be  posted  indicating  the  location  of  the  stairs  and  fire-escapes.     In 
each  of  the  said  buildings  there  shall  be  placed  and  provided  elec- 
trical or  other  alarms  and  time  detectors,  to  be  approved  by  the 
Fire  Commissioner,by  means  of  which  the  movements  of  said  watch- 
man may  be  recorded,  and  through  which  alarms  of  fire  or  other 
danger  may  be  instantly  communicated,  by  means  of  bells  or  gongs, 
to  every  portion  of  the  building.     Said  electrical  apparatus,  and  all 
other  appliances  placed  or  kept  within  any  of  said  buildings  for  the 
purpose  of  preventing  or  extinguishing  fires,  or  for  affording  means 
of  escape  therefrom  in  case  of  fire,  shall  be  kept  at  all  times  in  good 
working  order  and  proper  condition  for  immediate  use,  and  any 
member  of  the  uniformed  force  of  said  department  may  enter  any 
of  the  said  buildings  at  any  time  for  the  purpose  of  inspecting  said 
apparatus  or  appliances.     The  Fire  Commissioner  may  detail,  not 
to  exceed  two  members  of  the  uniformed  force  of  said  department, 
at  each  and  every  place  of  amusement  where  machinery  and  scen- 
ery are  in  use,  while  such  place  is  open  to  the  public,  whose  duty 
it  shall  be  to  guard  against  fire,  and  who  shall  have  charge  and 
control  of  the  means  provided  for  its  extinguishment,  and  shall 
have  control  and  direction  of  the  employees  of  the  place  to  which 
they  may  be  detailed  for  the  purpose  of  extinguishing  any  fire  which 
may  occur  therein.     It  shall  also  be  the  duty  of  such  member  or 
members  of  the  uniformed  force  of  said  department  to  inspect  every 
portion  of  the  building  or  buildings  to  which  they  may  be  detailed, 
during  public  performances  therein,  for  the  purpose  of  guarding 
and  protecting  the  occupants  from  fire  or  panic.     Whenever  any 

354 


member  of  the  uniformed  force  of  said  department  shall  discover 
in  any  inside  aisle  or  passageway  in  any  such  place  of  amusement 
any  camp  stools,  chairs,  sofas  or  other  obstructions,  or  any  person 
or  persons  standing  or  sitting  therein,  during  any  public  perform- 
ance, it  shall  be  the  duty  of  such  member  of  the  uniformed  force 
forthwith  to  notify  the  proprietor  or  manager  of  such  place  of 
amusement,  or  any  usher,  agent  or  other  employee  of  such  proprie- 
tor or  manager  then  present,  to  cause  such  obstruction  to  be  forth- 
with removed,  or  to  cause  the  person  or  persons  standing  or  sitting 
in  such  aisles  or  passageways  to  forthwith  vacate  the  same.     If  the 
manager  or  proprietor,  or  such  usher,  agent  or  employee  shall  cause 
or  permit  any  camp  stool,  chairs,  sofas  or  other  obstructions  to  be 
placed  or  remain  in  any  aisle  or  passageway,  in  any  such  place  of 
amusement,  or  shall  cause,  or  permit  any  person  to  stand  or  sit 
therein,  during  any  public  performance,  or,  having  been  so  notified, 
shall  neglect  or  refuse  to  cause  such  obstruction  to  be  forthwith  re- 
moved, or  to  cause  such  person  or  persons  to  forthwith  vacate   said 
aisles  or  passageways,  they  shall  each  severally  be  deemed  to  have 
violated  the  provisions  and  requirements  of  this  title  and  the  regula- 
tions  or  orders  duly  made  thereunder,  and    shall  be  subject  to  the 
penalties  prescribed  in  this  Act.      In  all  places  of  public  amuse- 
ment or  entertainment,  not  included  in  the  foregoing  provisions, 
except  in  fire-proof  buildings,  there  shall  be  employed,  by  the 
owner  or  proprietor  thereof,  one  or  more  watchmen  whose  ex- 
clusive duty  it  shalJ  be  to  protect  and  guard  the  inmates  of  such 
buildings  from  fire  and  other  sources  of  danger. 

Gunpowder  and  other  explosives:  sales  thereof  regulated. 

Sec.  763.  No  person  shall  manufacture,  have,  keep,  sell,  or 
give  away  any  gunpowder,  blasting-powder,  gun-cotton,  nitro- 
glycerine, dualin,  or  any  explosive  oils  or  compounds  within  the 
corporate  limits  of  the  City  of  New  York,  except  in  the  quantities 
limited,  in  the  manner  and  upon  the  conditions  herein  provided, 
and  under  such  regulations  as  the  Fire  Commissioner  shall  pre- 
scribe; and  said  Commissioner  shall  make  suitable  provision  for 

355 


the  storage  and  safe-keeping  of  gunpowder  and  other  dangerous 
and  explosive  compounds  or  articles  enumerated  under  this  title, 
beyond  the  interior  line  of  low  water-mark  in  the  City 
of  New  York.  The  said  Commissioner  may  issue  Hcenses  to  per- 
sons desiring  to  sell  gunpowder  or  any  of  the  articles  mentioned 
under  this  section  at  retail,  at  a  particular  place  in  said  city  to  be 
named  in  said  license  (provided  that  the  same  shall  not  be  in  a 
building  used  m  any  part  thereof  as  a  dwelling,  unless  specially 
authorized  by  said  license),  and  persons  so  licensed  may  have  on 
their  premises,  if  actually  kept  for  sale,  a  quantity  not  exceeding 
at  any  one  time,  of  nitro-glycerine,  five  pounds ;  of  gun-cotton,  five 
pounds;  of  gunpowder,  fourteen  pounds;  blasting-powder,  twenty- 
five  pounds ;  and  all  of  said  articles  shall  be  put  up  in  tight  metallic 
canisters,  containing,  or  capable  of  containing,  not  more  than 
one  pound  each;  and  the  persons  so  licensed  shall  place  on  some 
conspicuous  part  of  the  front  of  the  stores  or  buildings  in  which 
they  may  be  licensed  to  sell  powder,  or  any  of  the  articles  named 
under  this  section,  a  sign  on  which  shall  be  distinctly  printed,  in 
characters  legible  to  persons  passing  such  stores  or  buildings,  the 
words,  "licensed  to  sell  gunpowder,"  or  designating  such  other  of 
the  articles  herein  named  as  is  there  offered  for  sale;  and  every  bar- 
rel, cask,  canister,  bottle,  can,  vessel,  box  or  parcel,  in  which  the 
same  is  sold,  or  into  which  the  same  is  delivered  on  being  sold, 
shall  be  distinctly  labeled  w4th  a  printed  sign  or  label,  printed  upon 
or  firmly  affixed  thereto,  describing  the  article  contained  therein, 
with  the  word  "  danger"  distinctly  printed  below  the  same.  No 
nitro-glycerine,  dualin,  or  gunpowder  shall  be  manufactured  in  said 
city,  and  no  quantities  of  nitro-glycerine,  dualin,  or  gunpowder 
greater  than  above  provided  shall  be  kept,  carried,  or  conveyed 
within  said  city;  except  that  for  the  purposes  of  distribution  to  or 
delivery  from  stores  and  buildings  in  said  city  a  quantity  not  more 
than  five  quarter  casks  may  be  carried  at  any  one  time,  during  the 
daytime,  for  the  purpose  of  transportation  from  any  vessel  or  send- 
ing the  same  to  said  stores  or  buildings,  or  any  vessel  or  place  with- 
out said  city;  provided,  that  in  the  carrying  or  conveying  the  same 

356 


it  shall  be  protected  by  being  completely  and  securely  covered 
with  a  leather  or  canvas  cover  or  case,  and  marked  "gunpov^der." 
The  commander,  owner  or  owners  of  any  ship  or  other  vessel  ar- 
riving in  the  harbor  of  New  York,  and  having  more  than  twenty- 
eight  pounds  of  gunpowder,  dualin,  or  nitro-glycerine  on  board, 
shall,  within  forty-eight  hours  after  the  arrival,  and  before  such  ship 
or  vessel  shall  approach  nearer  than  three  hundred  yards  of  any 
wharf,  pier  or  slip,  to  the  southward  of  a  line  drawn  through  the 
center  of  Seventy-third  street,  immediately  give  written  notice  to 
the  said  Commissioner  of  the  fact  that  such  powder  or  nitro-glyce- 
rine is  on  such  vessel;. but  it  shall  be  lawful  either  to  proceed  with 
such  ship  or  vessel  to  sea  within  forty-eight  hours  after  her  ar- 
rival, or  to  tranship  such  gunpowder,  dualin,  or  nitro-glycerine 
from  one  ship  or  vessel  to  another,  for  the  purpose  of  immediate 
transportation,  without  landing  the  same;  provided,  however,  that 
the  provisions  of  this  section  shall  not  apply  to  any  vessel  receiving 
gunpowder  on  freight  on  any  one  day,  provided  such  vessel  do  not 
remain  at  any  wharf  of  the  said  city,  or  be  within  three  hundred 
yards  thereof  after  sunset.  All  gunpowder,  gun-cotton,  blasting- 
powder,  dualin,  nitro-glycerine,  or  other  explosive  compound, 
found  in  violation  of  this  section  shall  be  forthwith  seized  and  safe- 
ly stored,  and  be  sold,  upon  three  days'  notice  to  the  owner  or 
claimant;  and  the  proceeds  of  such  sale,  after  deducting  all  ex- 
penses, shall  be  forfeited  and  paid  over  to  and  for  the  use  and  bene- 
fit of  the  relief  fund  of  the  Fire  Department  of  the  City  of  New 
York.  Nothing  contained  in  this  section  shall  be  construed  to 
apply  to  any  ship  or  vessel  of  war  in  the  service  of  the  United  States 
or  of  any  foreign  government,  while  lying  distant  three  hundred 
yards  or  upwards  from  the  wharves,  piers,  or  slips  of  the  said  city, 
nor  to  any  ship  or  vessel  of  war  in  the  service  of  the  United 
States  while  lying  at  any  part  of  the  Navy  Yard  in  the  Borough 
of  Brooklyn. 

Fireworks  and  explosive  compounds :  manufacture  and  sale  thereof. 
Sec.  764.    No  fireworks,  detonating  works,  cartridge,  powder 

357 


train,  percussion  caps,  collodion,  nitrate  of  soda,  nitrate  of  silver,- 
ether,  phosphorus,  matches,  or  explosive  compounds  shall  here- 
after be  manufactured,  stored,  or  kept  upon  sale  in  the  City,  except 
at  such  places,  in  such  manner,  and  in  such  quantities  as  shall  be 
determined  by  the  said  Commissioner  in  the  exercise  of  his  discre- 
tion, under  a  permit  by  him  granted  therefor,  and  subject  to  be 
revoked  at  any  time  by  said  Commissioner.  Fireworks,  consisting 
of  Chinese  crackers,  rockets,  blue  lights,  candles,  colored  pots, 
lance  wheels,  and  other  works  of  brilliant-colored  fires  may  be  kept 
upon  sale  intervening  the  tenth  day  of  June  and  the  tenth  day  of 
July,  in  each  year,  by  retail  dealers,  under  such  reasonable  regu- 
lations as  said  Commissioner  may  prescribe,  under  a  permit  issued 
therefor.  No  quantity  of  the  following-named  chemicals,  acids, 
and  combustible  materials,  greater  than  as  hereinafter  enumerated, 
shall  be  stored  or  kept  in  or  upon  any  one  building  within  the 
City,  namely:  sulphur,  one  thousand  pounds;  manufactured  match- 
es, five  hundred  pounds;  saltpetre,  nitrate  of  soda,  five  hundred 
pounds  in  the  whole;  nitrate  o'  silver,  collodion,  ether,  phosphor- 
us, fifty  pounds  in  the  whole ;  aqua  fortis,  muriatic  acid,  nitric  acid, 
and  sulphuric  acid,  not  exceeding  one  thousand  pounds  in  the 
whole;  tar,  pitch,  rosin,  turpentine,  one  hundred  barrels  in  the 
whole,  except  the  same  shall  be  stored  and  kept  in  such  building 
and  manner  as  said  Commissioner  may  require,  under  a  special  per- 
mit by  them  issued  therefor. 

Petroleum  and  coal  oils,  etc.:  sale  thereof. 

Sec.  765.  No  person  shall  have,  keep  on  sale,  or  store  in  any 
place  or  building  within  the  corporate  limits  of  the  City,  any  crude 
petroleum,  coal  or  any  similar  oil,  nor  any  of  their  products,  either 
oi  which  shall  emit  an  inflammable  vapor  at  a  temperature  below 
one  hundred  degrees  of  Fahrenheit,  except  under  the  following 
provisions :  or  any  of  their  products  may  be  stored  in  detached  and 
properly  ventilated  warehouses,  the  outer  walls  of  which  shall  be 
stone,  brick,  or  iron,  especially  adapted  for  the  purpose  by  having 
raised  sills,  at  least  two  feet  high,  or  the  ground  floor  of  which  shall 

358 


be  at  least  two  feet  below  the  level  of  the  street  or  adjoining  yard, 
or  so  constructed  as  to  actually  prevent  the  overflow  of  such  sub- 
stances beyond  the  premises  where  the  same  may  be  kept  stored; 
which  said  warehouses  shall  not  be  occupied  in  any  part  as  a  dwell- 
ing; and  if  less  than  fifty  feet  from  any  adjacent  dwelling  the  same 
must  be  separated  by  a  brick   or  stone  wall,  at   least   ten  feet   in 
height  and  sixteen  inches  thick,  constructed  in  such  manner  as 
said  Commissioner  may  prescribe,  but  the  same  may  be  stored  in 
such  other  manner  as  said  Commissioner  may  designate  under  a 
special  permit  issued  therefor.       No  refined  petroleum,  kerosene, 
coal  or  similar  oil,  or  earth  or  rock  oil,  or  machinery  oil,  or  any 
product  thereof  to  be  used  for  illuminating  or  heating  purposes 
which  shall  emit  an  inflammable  vapor  at  a  temperature  below  one 
hundred  degrees  Fahrenheit,shall  be  kept  upon  sale  or  stored  within 
the  corporate  limits  of  the  City.     All  said  articles  shall  be  tested  and 
their  quality  determined  by  sanitary  surveyors  authorized  by  said 
Commissioner,  using  G.  Tagliabue's  instruments,  or  such  other 
instruments  as  may  be  designated  by  said  Commissioner,  the  barrels 
or  packages  containing  the  same  to  be  legibly  stamped  or  marked 
with  said  inspector's  official  stamp  or  mark.     No  refined  petroleum, 
kerosene,  gasoline,  naphtha,   or  benzine,   benzole,   camphene,   or 
burning  fluid,  or  products  or  compounds  containing  any  of  said 
substances,  when  temporarily  placed  above  the    cellar  or  basement 
of  any  building,  and  in  barrels  of  not  over  forty-five  gallons  each, 
or  in  metallic  vessels  or  tanks,  shall  exceed  in  the  whole  quantity 
the  contents  of  fifty  of  said  barrels;  provided,  however,  that  the 
whole  quantity  of  said  refined  oils  that  may  be  so  kept  or  stored 
over  night  shall  not  exceed  the  contents  of  ten  of  said  barrels,  unless 
stored  m  the  manner  provided  for  storing  crude  petroleum;  and 
when  stored  in  cellars  or  basements,  surrounded  by  walls  of  brick 
or  stone,  and  at  least  two  feet  below  the  level  or  grade  of  the  side- 
walk, street,  or  land  adjacent,  the  whole  quantity  shall  not  exceed 
the  contents  of  one  hundred  and  fifty  barrels,  unless  stored  in 
warehouses  specially  adapted  for  that  purpose,  as  required  for  the 
storage  of  crude  petroleum  under  this  section;  provided,  also,  that 

359 


no  quantity  of  said  oils  greater  than  one  barrel  shall  be  stored  or 
kept  in  any  building  occupied  in  any  part  thereof  as  a  dwelling.  No 
refined  petroleum,  kerosene,  gasoline,  naphtha,  benzine,  benzole, 
camphene,  burning  fluid,  or  products  or  compounds  containing  any 
of  said  substances,  shall  be  kept  or  stored  on  or  above  the  first 
story  or  floor  of  any  building,  exceeding  in  the  whole  quantity  the 
contents  of  five  barrels,  of  forty  gallons  each.  In  no  case  shall 
any  of  the  articles  named  in  this  section  be  allowed  to  remain  on 
the  sidewalk  beyond  the  front  line  of  any  building,  or  in  or  upon 
the  streets,  docks,  piers,  bulkheads,  slips,  highways,  or  public  places 
a  longer  time  than  is  actually  necessary  for  the  removal  or  loading 
of  the  same,  and  said  Commissioner  may  establish  and  enforce  gen- 
eral regulations  and  issue  such  orders  and  special  directions  rela- 
tive to  the  handling,  lightering,  carting,  loading,  and  transporta- 
tion of  the  several  articles  named  under  this  section  as  in  his  discre- 
tion shall  be  deemed  necessary  for  the  public  protection,  and  said 
Commissioner  may  issue  special  permits  authorizing  the  keeping 
of  any  of  the  articles  enumerated  under  this  section  in  buildings, 
tanks  or  structures  fire-proof  throughout,  in  such  quantities,  in 
such  manner,  and  subject  to  such  regulations  as  shall  tend  to  se- 
cure the  same  against  danger. 

Id.:  continued. 

Sec.  766.  No  person  shall  sell  at  retail  or  give  away  any  kero- 
sene, or  other  product  of  petroleum,  or  any  similar  oil  to  be  used 
for  heating  or  illuminating  purposes,  without  first  obtaining  a  li- 
cense therefor  from  the  Fire  Commissioner,  under  such  rules  and 
regulations  as  he  may  prescribe,  which  license  shall  be  for  the  term 
of  one  year  and  shall  not  be  transferable,  and  for  every  such  license 
and  for  every  renewal  of  the  same  the  said  Commissioner  shall  de- 
mand and  receive  the  sum  of  ten  dollars.  Said  licenses  shall  be 
posted  in  a  conspicuous  place  in  the  store  of  the  person  or  persons 
to  whom  the  same  is  issued,  and  may  be  revoked  for  cause  by  said 
Commissioner.  Any  person  who  shall  sell  any  of  the  compounds 
above  mentioned  in  this  or  the  last  section,  without  first  obtaining 

360 


a  license  therefor,  shall  forfeit  and  pay  the  sum  of  twenty-five  dol- 
lars. But  licenses  for  this  purpose  may  be  granted  in  the 
Boroughs  of  Queens  and  Richmond  without  the  payment  of  the 
license  fee  in  this  section  prescribed. 

Criminal  liability  if  death  results  from  violation  of  foregoing  rules. 

Sec.  767.    In  case  any  person  is  burned  by  the  explosion  of  any 
compound,  the  sale  of  whic^h  is  prohibited  by  any  section  of  this 
title,  or  which  'has  not  been  subjected  to  sanitary  survey,  or  licensed 
as  therein  provided,  and  death  ensues  therefrom,  the  person  found 
guilty  of  selHng  the  same  shall  be  deemed  guilty  of  a  felony,  and, 
upon  conviction,  shall  be  punished  by  a  fine  of  not  less  than  one 
thousand  dollars,  nor  more  than  five  thousand  dollars,  or  by  im- 
prisonment in  the  State  prison  for  a  term  not  less  than  one  year 
nor  more  than  five  years;  and  in  case  of  a  bodily  injury  the  party 
injured  may  maintain  an  action  for  damages  against  the  party  vio- 
lating the    provisions  of  this  title.     Any  dealer  who  shall  pre- 
sent and  deliver  for  sanitary  survey  a  sample  of  oil  difTerent  from, 
and  which  does  not  represent  the  quality  of  oil  actually  kept  by  him 
or  her  for  sale,  and  not  taken  from  the  actual  stock  being  ofifered 
for  sale,  and  of  the  same  quality  therewith,  shall  forfeit  and  pay 
the     sum    of    fifty    dollars.      If    any    fire    insurance    company, 
organized  under  the  laws  of  this  State,  or  any  insurance  company 
of  any  other  State,  or  any  foreign  insurance  company  authorized 
to  do  the  business  of  insurance  in  this  State,  shall  indorse  upon  any 
policy  issued  by  them  the  right  or  privilege  to  keep,  deal  in,  give 
away,  sell,  or  use  any  article  or  compound  of  a  combustible  or  ex- 
plosive character,  the  sale  of  which  is  made  unlawful  by  any  Act 
of  the  Legislature  of  this  State,  or  shall  cause  or  permit  such  in- 
dorsement to  be  made  by  others  upon  their  policies  of  insurance, 
they  shall  for  each  and  every  such  oflfense  forfeit  and  pay  a  fine  of 
five  hundred  dollars. 

Fires  and  lights  on  vessels  transporting  petroleum. 

Sec.  768.   It  shall  be  unlawful  for  the  owner,  or  for  any  of  the 

361 


officers,  employees,  or  crew  of  any  ship,  vessel,  canal  boat,  barge, 
lighter,  boat,  or  other  craft  lying  at  or  within  one  hundred  and 
fifty  feet  of  any  warehouse,  yard,  shed,  dock,  pier,  bulkhead,  wharf, 
or  other  place  within  the  City  of  New  York,  at,  in,  or  on  which  pe- 
troleum oil,  or  any  of  its  products,  is  stored,  or  kept  for  export,  or 
in  quantities  exceeding  ten  thousand  gallons;  or,  for  any  other  per- 
son or  persons,  to  bring,  keep,  have,  or  use,  or  suffer  or  permit  to 
be  brought,  kept,  had,  or  used  on  board  of  any  such  ship,  vessel, 
canal  boat,  barge,  lighter,  boat,  or  other  craft,  or  at,  in,  or  on  any 
sudh  warehouse,  shed,  yard,  dock,  pier,  bulkhead,  wharf,  or  other 
place,  any  lighted  match,  or  lighted  cigar,  cigarette,  or  pipe,  or 
any  fire  or  hght  of  any  kind,  without,  or  otherwise  than  in  strict 
conformity  with,  the  written  permission  of  the  owner,  lessee,  or  su- 
perintendent of  such  warehouse,  shed,  yard,  dock,  pier,  bulkhead, 
wharf,  or  other  place,  specifying  the  fire  or  light  to  be  kept,  had,  or 
used,  the  particular  purpose  for,  and  the  place  or  spot  at  which  the 
same  may  be  so  kept,  had,  or  used,  and  the  particular  manner  of 
keeping,  having,  or  using  the  same.  This  section  shall  not  apply 
to  steam  tugs  while  transacting  their  ordinary  business,  nor  to 
steam  fire  engines  engaged  in  extinguishing  fires.  Every  violation 
of  this  section  shall  be  a  misdemeanor,  triable  before  the  Court 
of  Special  Sessions. 

Storage  of  certain  chemicals  regulated. 

Sec.  769.  Except  upon  the  approval  of  the  Fire  Commis- 
sioner, no  quantity  of  the  following  named  chemicals  and 
combustible  materials  greater  than  is  hereinafter  enumerated  shall 
be  stored  or  kept  in  or  upon  any  one  building  within  the  City,  name- 
ly: Hemp  or  flax,  unbaled,  two  thousand  pounds  in  the  whole; 
varnish,  rosin,  twenty  barrels  in  the  whole;  alcohol,  pure  spirits, 
camphene,  burning  fluid,  five  barrels  in  the  whole;  unslacked  lime, 
ten  barrels;  vitriol,  five  carboys  in  the  whole;  loose  wood  shavings, 
one  hundred  pounds;  except  the  same  shall  be  stored  and  kept  upon 
an  open  space  of  ground,  surrounded  by  a  wall  constructed  entirely 
of  fire-proof  materials,  at  least  twelve  feet  high  and  twelve  inches 

362 


thick;  or  within  a  fire-proof  building  remote  or  distant  at  least  fifty 
feet  from  any  adjacent  building. 

Id.:  of  certain  vegetable  products. 

Sec.  770.  No  quantity  of  cotton,  hay,  straw,  flax,  hemp,  husks, 
rushes,  oakum,  rags,  seaweed,  jute,  on  other  vegetable  fibre  when 
pressed  or  baled,  greater  than  twenty  tons  in  the  whole,  shall  be 
stored  or  kept  in  any  building  within  the  City  of  New  York, 
unless  kept  in  a  building  fire-proof  throughout,  or  upon  an  open 
space  of  ground  surrounded  by  a  wall  constructed  entirely  of  fire- 
proof materials,  at  least  twelve  feet  high,  and  twelve  inches  thick, 
or  within  a  fire-proof  building,  remote  or  distant  at  least  fifty  feet 
from  any  adjacent  building,  or  in  a  building  approved  by  the 
New  York  Board  of  Underwriters  or  the  Fire  Commissioner, 
and  of  which  approval  a  certificate  shall  have  been  issued  by 
said  Board  or  Commissioner,  and  shall  not  have  been  revoked ; 
and  none  of  the  articles  enumerated  in  this  section,  when  loose 
or  not  baled,  shall  be  kept  as  aforesaid  in  quantity  exceeding 
one  thousand  pounds  in  the  whole;  excepting  in  a  private  stable, 
in  which  may  be  kept  such  loose  hay  and  straw  in  quantity  not  ex- 
ceeding twenty-five  hundred  pounds  in  the  whole,  except 
upon  the  approval  of  the  Fire  Commissioner.  No  person 
shall  have,  put,  or  keep  any  hay  or  straw  uncovered  in  any  stack 
or  pile,  or  in  any  other  way  exposed,  within  one  hundred  yards  of 
any  building  in  said  city,  or  shall  have,  put  or  keep  within  said  city 
any  hay,  straw,  hemp,  flax,  shavings,  or  rushes  in  any  building  not 
built  of  stone,  or  brick,  or  iron,  or  covered  with  tile  or  slate,  or  other 
fire-proof  material,  which  is  or  shall  be  within  ten  feet  of  any  dwell- 
ing house  or  chimney  whatsoever,  except  upon  like  approval. 

Right  to  enter  buildings,  etc.,  for  purposes  of  examination. 

Sec.  771.  The  Commissioner  and  his  officers  or  agents,  under 
the  direction  of  the  Commissioner,  or  either  of  them,  are  hereby 
empowered  at  any  and  all  times  to  enter  into  and  examine  all  build- 
ings, dwelling  houses,  livery  and  other  stables,  hay  boats,  or  ves- 
sels, and  places  where  any  merchandise,  gunpowder,  hemp,  flax, 

363 


tow,  hay,  ru&hes,firewood,  boards,  shingles,  shavings,  or  other  com- 
bustible materials  may  be  lodged,  for  the  purpose  of  ascertaining 
all  violations  of  any  of  the  provisions  of  this  title,  and  also  the  places 
where  ashes  may  be  deposited,  and  upon  finding  that  any  of  them 
are  defective  or  dangerous,  or  that  a  violation  of  this  title  exists 
therein,  may  deliver  a  written  or  printed  notice,  containing  an  ex- 
tract from  this  title,  of  the  provisions  in  reference  thereto,  and  no- 
tice of  any  violation  thereof,  and  notice  to  remove,  amend,  or  secure 
the  same  within  a  period  to  be  fixed  therein.  And  in  case  of  neglect 
or  refusal  on  the  part  of  such  occupant  or  of  the  possessor  of  such 
combustible  materials,  or  any  of  them,  so  to  remove,  amend,  or 
secure  the  same  within  the  time  and  in  the  manner  directed  by  the 
said  Commissioner  in  such  notice,  the  party  offending  shall  forfeit 
and  pay,  in  addition  to  any  penalty  otherwise  imposed,  the  sum  of 
twenty-five  dollars,  and  the  further  sum  of  five  dollars  for  every 
day's  neglect  to  remove,  amend,  or  secure  the  same  after  being  so 
notified.  All  the  expenses  of  any  removal,  alteration  or  amend- 
ment as  aforesaid,  shall  be  paid  in  the  first  instance  by  the  occupant, 
but  shall  be  chargeable  against  the  owner  of  such  dwelling  house 
or  other  building,  and  shall  be  deducted  from  the  rent  of  the  same, 
unless  such  expense  be  rendered  necessary  by  the  act  or  default  of 
such  occupant,  or  unless  there  be  a  special  agreement  to  the  con- 
trary between  the  parties. 

Infortnation  to  be  furnished  by  holders  of  permits. 

Sec.  772.  All  persons  or  corporations  who  shall  be  required 
to  have  and  obtain  permits  shall  furnish  such  information  as  may  be 
required,  touching  the  condition  of  any  building  and  the  business 
therein  proposed  to  be  conducted,  preliminary  to  obtaining  such 
permits. 

Fines  and  penalties. 

Sec.  773.  Any  person,  persons,  or  corporations,  for  the  viola- 
tion of,  or  non-compliance  with,  any  of  the  several  provisions  of 
the  several  sections  of  this  title,  when  the  penalty  is  not  therein 
specially  provided,  shall  severally  forfeit  and  pay  a  fine  or  penalty 

364 


in  the  sum  of  fifty  dollars  for  each  and  every  offense,  or  shall  for- 
feit and  pay  the  penalties  respectively  imposed  under  any  of  said 
sections,  and  shall  also  be  severally  liable  for  any  costs  or  expenses 
that  may  be  incurred  by  any  violation  of,  or  non-compliance  with 
any  requirement  under  said  sections,  and  s;hall  also  be  severally 
liable  for  the  payment  of  the  further  penalty  of  the  sum  of  fifty  dol- 
lars for  any  violation  of,  or  non-compliance  with,  any  regulation, 
order  or  special  direction  issued  by  said  Commissioner,  or  for  failure 
to  attend  and  testify  as  required  by  any  subpoena  issued,  as  au- 
thorized under  this  chapter.     Said  Commissioner  may,  in  his  dis- 
cretion, pay  a  portion  of  a  fine,  or  penalty,  when  collected,  not  to 
exceed  one-half  thereof,  to  any  person  giving  information  of  any 
such  violation.     All  suits  and  proceedings  authorized  by  this  title, 
or  to  recover  any  penalty  for  the  violation  of  or  failure  to  comply 
with  any  law  or  any  rule,  regulation,  order  or  requirement  of,  or 
made  pursuant  to  the  provisions  of  any  law,  the  enforcement  of 
w^hich  is  charged  upon  said  department  or  any  of  the  several  bu- 
reaus thereof,  shall  be  brought  by  and  in  the  name  of  the  Fire  Com- 
missioner of  the  City  of  New  York,  but  no  fees  or  costs  shall  be 
demanded  of  said  department  in  any  such  suit  or  proceeding.     Any 
person  who  shall  wilfully  violate,  or  neglect  or  refuse  to  comply 
with,  any  provision  or  requirement  of  this  title,  or  any  regulation, 
order  or  special  direction  duly  made  thereunder,  s^hall  also  be  guilty 
of  a  misdemeanor. 


Title  4. 


FIRE    MARSHALS   AND    INVESTIGATION    OF   ORIGIN    OF   FIRES. 

Investigation  of  fires,  etc. 

Sec.  779.  The  Fire  Commissioner  is  hereby  authorized  to 
appoint  and  remove  a  Fire  Marshal  for  the  Boroughs  of  Man- 
hattan, The  Bronx  and  Richmond,  and  a  Fire  Marshal  to  be 
seated  in  Brooklyn  and  to  exercise  his  powers^within  the  Boroughs 

365 


of  Brooklyn  and  Queens.  Said  Fire  Marshals  shall,  within  such 
Boroughs,  respectively,  to  which  they  may  be  assigned,  have  and 
possess  all  the  powers  heretofore  conferred  by  law  upon  the  Fire 
Marshal  of  the  Corporation  heretofore  known  as  the  Mayor,  Alder- 
men, and  Commonalty  of  the  City  of  New  York.  The  salary  of 
each  of  said  Fire  Marshals  shall  be  three  thousand  dollars  a 
year.  The  Fire  Commissioner,  himself  or  by  said  Marshals,  is 
hereby  authorized  and  empowered  to  investigate,  examine,  and  in- 
quire into  the  origin,  details  and  management^^of^fires  in  the  city, 
and  also  of  any  supposed  cases  of  violations  of  any  of  the  provisions 
of  this  chapter,  or  of  any  of  the  several  regulations,  orders,  or  special 
directions  issued  by  the  Fire  Commissioner  for  the  purpose  of  the 
discovery  of  any  delinquency  in  the  non-performance  of  duty  or 
violation  of  discipline  on  the  part  of  any  officer,  agent,  or  employee 
of  said  Fire  Department,  or  any  supposed  cases  of  arson  or  incendiar- 
ism, which  may  be  brought  to  his  notice;  and  said  Fire  Commis- 
sioner in  and  about  any  examination,  investigation  or  inquiry  before 
him  or  his  Marshals,  touching  any  matter  or  thing  therewith 
connected,  may  subpoena  and  compel  the  attendance  of  any 
person  or  persons,  and  the  production  of  any  books,  papers, 
archives,  or  documents  in  his  or  their  possession,  or  under  his  or 
their  control,  in  the  judgment  of  the  Fire  Commissioner  con- 
nected with  and  necessary  to  such  examination, investigation,  or 
inquiry,  before  him  or  his  Marshals,  at  the  time  and  place  therein 
named ;  and  for  the  purpose  aforesaid,  the  Corporation  Counsel 
may,  at  any  time,  obtain  to  be  issued  subpoenas  out  of  the 
Supreme  Court,  tested  under  the  name  of  a  Justice  of  said  court, 
in  like  form  and  with  like  effect  as  though  issued  by  said  Justice  in 
any  action  pending  in  a  court  of  record,  and  said  subpoena  may 
be  served,  and  proof  of  such  service  may  be  made,  in  the  same  man- 
ner as  now  by  law  provided  for  the  service  of  subpoenas  out  of  said 
court;  and  upon  proof  of  service  and  proof  of  non-compliance,  fail- 
ure to  attend  and  testify  on  the  part  of  any  person  or  persons,  as 
required  by  said  subpoena,  or  failure  or  refusal  on  the  part  of  any 
person  or  persons  to  produce  any  such  books,  papers,  archives,  or 
documents,  in  his  or  their  possession,  or  under  his  or  their  control, 
or  a  failure  or  refusal  on  his  or  their  part  to  answer  any  question 

366 


put  to  him  or  them,  and  pertinent  thereto,  upon  any  examination, 
inquiry,  or  investigation  as  aforesaid,  apphcation  may  be  made 
before  any  justice  of  said  court,  who  shall,  in  case  he  shall  decide 
such  question  pertinent  and  proper  to  be  answered,  thereupon 
cause  to  be  arrested,  and  may  punish  as  for  a  contempt  of  the 
orders  of  said  court,  the  person  or  persons  named  in  said  subpoena, 
and  in  such  case  the  laws,  rules,  and  proceedings  relating  to  punish- 
ment for  contempts,  and  usual  in  said  court,  or  before  any  justice 
thereof,  shall  be  applicable  thereto.  Said  Commissioner  and  Fire 
Marshals,  in  conducting  any  examination  or  inquiry  as  aforesaid, 
are  hereby  authorized  to  administer  any  oath  or  affirmation  in  the 
matter,  and  any  false  swearing  under  said  oath  or  affirmation  thus 
administered  shall  be  perjury,  and  punishable  as  such  in  such  man- 
ner as  now  provided  under  the  laws  applicable  thereto;  and  said 
examination  or  investigation  may  be  continued  and  adjourned  by 
the  said  Commissioner  or  Fire  Marshal  conducting  the  same, 
from  time  to  time,  and  at  such  time  and  place  as  shall  be  designated, 
and  any  person  subpoenaed  as  aforesaid  shall  attend  and  testify 
upon  said  adjourned  day  or  days,  and  at  the  time  and  place 
designated,  and  of  which  they  shall  have  been  notified,  as  though 
the  same  had  been  named  in  said  subpoena,  and  with  like  effect  as 
to  any  failure  to  appear  and  answer  under  the  requirements  therein 
contained ;  provided,  that  any  testimony  or  evidence  taken  as  afore- 
said shall  be  for  the  information  and  instruction  of  said  Fire  Com- 
missioner in  the  discharge  of  his  duties,  and  in  the  prevention  of 
future  fires,  and  the  protection  of  property,  and  shall  be  carefully 
kept  in  the  archives  and  possession  of  said  Fire  Department,  and 
shall  in  no  manner  be  used  in  any  criminal  proceeding  or  action, 
but  may  be  placed  before  any  grand  jury  in  said  City  of  New  York. 
Such  investigations  in  relation  to  the  subject  matter  hereinabove 
defined  within  the  Boroughs  of  Brooklyn  and  Queens,  shall  be 
carried  on  by  the  Deputy  Commissioner  and  Fire  Marshal  seated 
in  the  Borough  of  Brooklyn,  under  the  direction  of  said  Fire 
Commissioner. 


367 


Fire  Marshals  may  enter  buildings  to  examine  them. 

Sec.  780.  It  shall  be  the  duty  of  a  Marshal,  or  his 
officers  and  agents,  when  authorized  by  him  in  writing  so  to  do, 
to  enter  into  any  building  or  premises  within  said  city  for  the 
purpose  of  examining,  or  causing  to  be  examined,  the  stoves  and 
pipes  thereto,  ranges,  furnaces,  and  heating  apparatus  of  every 
kind  whatsoever,  including  the  chimneys,  flues,  and  pipes  with 
which  the  same  may  be  connected,  engine  rooms,  boilers,  ovens, 
kettles,  and  also  all  chemical  apparatus,  or  other  things  which  in 
his  opinion  may  be  dangerous  in  causing  or  promoting  fires,  or 
dangerous  to  the  firemen  or  occupants  in  case  of  fire;  and  upon 
finding  any  of  them  defective  or  dangerous,  or  in  any  manner  ex- 
posed or  liable  to  fire  from  any  cause,  he  shall  report  the  same  to 
the   Commissioner,  who  may  thereupon  issue  orders   or  special 

'  directions,  either  printed  or  written,  directing  the  owner  or  occupant 
to  alter,  remove,  or  remedy  the  same  in  such  manner  and  within 
such  reasonable  time  as  may  be  necessary,  and  in  respect  thereto 
may  authorize  and  direct  the  use  of  such  materials  and  appliances 
as  shall  be  deemed  proper  and  necessary;  and  in  case  of  neglect  or 
refusal  so  to  do  within  the  time  prescribed  by  such  orders  or 

directions,  such  Fire  Marshal,  under  the  direction  of  said  Com- 
missioner, shall  cause  said  alteration,  removal,  or  other  necessary 

act  or  work  to  be  done  and  the  expense  thereof  shall  be  charged 
to  the  party  so  offending,  to  be  sued  for  and  recovered  in  the  man- 
ner herein  provided  for  the  recovery  of  fines  and  penalties  under 
this  chapter. 

Id.:  to  trace  the  cause  of  fires:  arrest  of  suspected  persons. 

Sec.  781.  It  shall  be  the  duty  of  a  Fire  Marshal  to  examine 
into  the  cause,  circumstances,  and  origin  of  fires  occurring  in  said 
city,  by  which  any  building,  vessels,  vehicles,  or  any  valuable 
personal  property  shall  be  accidentally  or  unlawfully  burned,  de- 
stroyed, lost  or  damaged,  wholly  or  partially;  and  to  especially 
inquire  and  examine  whether  the  fire  was  the  result  of  careless- 
ness or  the  act  of  an  incendiary.  Such  Fire  Marshal  shall  take  the 
testimony,  on  oath,  of  all  persons  supposed  to  be  cognizant  of  any 

368 


fact  or  to  have  means  of  knowledge  in  relation  to  the  matters  herein 
required  to  be  examined  and  inquired  into,  and  cause  the  same 
to  be  reduced  to  writing,  verified  and  transmitted  to  the  Fire  Com- 
missioner with  his  report  in  writing,  embodying  his  opinion  and 
conclusions  in  relation  to  the  matter  investigated.  Such  Fire 
Marshal  shall  report  in  writing  to  the  Fire  Department,  to  the  Police 
Department,  to  the  District  Attorney,  to  the  New  York  Board  of 
Fire  Underwriters,  to  the  owners  of  property,  or  other  persons  in- 
terested in  the  subject  matter  of  investigation,  any  facts  and  circum- 
stances which  he  may  have  ascertained  by  such  inquiries  and  in- 
vestigations which  shall,  in  his  opinion,  require  attention  from  or 
by  either  of  said  departments,  officers  or  persons;  and  it  shall  be  the 
duty  of  such  Fire  Marshal,  whenever  he  shall  be  of  opinion  that 
there  is  evidence  sufficient  to  charge  any  person  with  the  crime  of 
arson,  to  cause  such  person  to  be  arrested  and  charged  with  such 
ofifense,  and  furnish  to  the  District  Attorney  all  the  evidences  of 
guilt,  with  the  names  of  witnesses,  and  all  the  information  obtained 
by  him,  including  a  copy  of  all  pertinent  and  material  testimony 
taken  in  the  case;  and  he  shall  specially  report  to  the  Fire  Com- 
missioner, as  often  as  such  Commissioner  shall  require,  his  pro- 
ceedings, and  the  progress  made  in  all  prosecutions  for  arson,  and 
the  result  of  all  cases  which  are  finally  disposed  of. 

Id. :  may  compel  attendance  of  witnesses. 

Sec.  782.  A  Fire  Marshal  shall  have  power  to  issue  a  notice 
in  the  nature  of  a  subpoena,  in  such  form,  and  subscribed  in  such 
manner,  as  the  Fire  Commissioner  shall  prescribe,  to  compel  the 
attendance  of  any  person  as  a  witness  before  him,  to  testify  in  rela- 
tion to  any  matter  which  is,  by  the  provisions  of  this  title,  a  subject 
of  inquiry  and  investigation  by  the  said  Marshal.  The  said  Marshal 
shall  be,  and  is  hereby  authorized  to  administer  and  verify  oaths 
and  affirmations  to  persons  appearing  as  witnesses  before  him;  and 
false  swearing  in  any  matter  or  proceeding  aforesaid  shall  be  deemed 
perjury  and  shall  be  punishable  as  such.  Upon  the  presentation 
of  satisfactory  proof  of  due  service  of  any  such  notice  in  the  nature 

369 


of  a  subpoena,  upon  any  such  witness,  and  of  a  failure  by  such 
witness  to  obey  the  same,  it  shall  be  the  duty  of  the  Fire  Com- 
missioner to  make  an  order  that  the  said  witness  be  arrested  and 
brought  before  said  Marshal,  to  testify  what  such  witness  may 
know  in  relation  to  the  subject  matter  of  inquiry.  Such  order  may 
be  executed  by  any  memlber  of  the  police  force,  by  arresting  and 
bringing  such  witness  before  the  said  Marshal,  but  such  witness 
shall  not  be  detained  longer  than  is  necessary  to  take  such  test- 
imony. The  Fire  Marshals  shall  have  authority  at  all  times  of  the 
day  or  night,  in  performance  of  the  duties  imposed  by  the  provisions 
of  this  title,  to  enter  upon  and  examine  any  building  or  premises, 
when  any  fire  shall  have  occurred,  and  the  buildings  and  premises 
adjoining  and  near  to  that  in  which  the  fire  occurred. 

Id.:  Commissioner  may  supervise  investigations  by. 

Sec.  783.  It  shall  be  the  duty  of  the  Fire  Commissioner  to 
supervise  and  direct,  whenever  he  shall  be  of  opinion  that  the  public 
mterest  will  be  subserved  thereby,  the  investigations,  examinations, 
and  proceedings  of  said  Marshals,  and  make  all  needful  and  proper 
rules  and  regulations  in  relation  to  the  duties  of  the  office,  and  the 
manner  of  performing  the  same. 


Title  5. 


RELIEF  FUND  AND  PENSIONS. 

Of  what  fund  consists:  ofHcers  and  investment. 

Sec.  789.  The  New  York  Fire  Department  Relief  Fund 
shall  consist  of: 

1.  The  capital,  interest,  income,  dividends,  cash  deposits, 
securities  and  credits  formerly  or  now  belonging  to  said  funds  in 
any  of  the  municipal  and  public  corporations,  or  parts  thereof, 
hereby  consolidated  into  The  City  of  New  York. 

370 


2.  All  forfeitures  and  fines  imposed  by  the  Fire  Commissioner, 
from  time  to  time,  upon  any  member  or  members  of  the  fire  depart- 
ment force  by  way  of  discipline. 

3.  All  rewards,  in  money,  fees,  gifts,  testimonials  and  emolu- 
ments that  may  be  paid  or  given  for  account  of  extraordinary 
services  by  any  member  of  the  fire  department  force,  except  such 
as  have  been  or  shall  be  allowed  by  the  Fire  Commissioner,  to  be 
retained  by  said  member  or  members,  and  such  as  have  been  or  shall 
be  given  to  endow  a  medal  or  other  permanent  or  competitive 
reward. 

4.  All  proceeds  of  suits  for  penalties,  under  title  three  of  this 
chapter,  and  all  license  fees  payable  under  the  same. 

5.  All  proceeds  of  sales  of  condemned  horses  and  other 
personal  property  in  use  by  said  department. 

6.  All  moneys,  pay,  compensation  or  salary,  or  any  part  thereof 
forfeited,  deducted  or  withheld  from  any  member  or  members  of 
the  fire  department  force,  for  or  on  account  of  absence  from  duty, 
to  be  paid  monthly  to  the  treasurer  of  the  said  relief  fund,  by  the 
Comptroller  of  the  City  of  New  York,  and  the  Fire  Commissioner 
is  authorized  and  empowered,  in  his  discretion,  to  deduct  and  with- 
hold pay,  salary  or  compensation  from  any  member  or  members 
of  said  force,  for  or  on  account  of  absence  from  duty,  except  when 
such  absence  shall  be  caused  by  sickness  or  disability,  for  which 
leave  of  absence  shall  have  been  granted,  in  accordance  with  the 
rules  of  said  department. 

7.  Ten  per  centum  annually  of  all  excise  moneys  or  license  fees 
belonging  to  the  City  of  New  York,  as  constituted  by  this 
Act,  and  derived  or  received  by  any  Commissioner  of  Excise 
or  public  officer,  from  the  granting  of  licenses,  or  permis- 
sion to  sell  strong  or  spirituous  liquors,  ale,  wine  or  beer, 
in  the  City  of  New  York,  under  the  provisions  of  any  law  of  this 
State  authorizing  tne  granting  of  any  such  licenses  or  permission; 
the  said  ten   per  centum   thereof   to   be   paid    quarterly   by    the 

371 


Comptroller  of  said  city,  who  is  hereby  authorized  and  required  to 
pay  the  same  to  the  treasurer  of  the  said  relief  fund,  for  the  benefit 
thereof,  wihout  any  action  of  authority  of  or  from  the  Board  of 
Estimate  and  Apportionment,  such  sum  to  amount  in  each  and  every 
year    to     not    more    than     one     hundred     and    fifty    thousand 
dollars.      The     Commissioner     of     the     Fire     Department     of 
the    City    of    New    York    is    hereby   constituted    and   declared 
to     be     the      trustee      of      the      New      York      Fire     Depart- 
ment Relief  Fund,  shall  receive  all  moneys  appHcable  to  the  same 
and  deposit  the  same,  as  such  treasurer,  to  the  credit  of  such  relief 
fund,  in  banks  or  trust  companies  to  be  selected  by  him,  and  con- 
tinue to  receive  and  deposit  the  funds  applicable  to  the  same,  as 
received,  to  the  credit  of  said  fund,  or  to  invest  the  same  in  bond 
and   mortgage   on   improved   property   worth   twice   the   amount 
loaned,  or  in  public  stocks,  as  said  trustee  may  deem  most  advan- 
tageous for  the  object  of  such  fund,  and  said  trustee  is  empowered 
to  make  all  necessary  contracts,  and  to  take  all  necessary  remedies 
in  the  premises.     The  treasurer  of  said  fund  shall  give  a  bond, 
with  one  or  more  sureties,  in  the  sum  of  twenty  thousand  dollars, 
for  the  faithful  performance  of  his  duties,  said  bond  to  be  approved 
by  the  Comptroller  and  filed  in  his  office.     And  the  said  trustee 
for  and  on  behalf  of  the  uses  and  purposes  of  said  fund,  shall  be 
entitled  to  receive,  and  there  shall  be  paid  to  him  all  duties,  taxes, 
allowances,  fines,  penalties  and  fees  to  which  the  Fire  Department 
of  the  City  of  New  York,  as  at  any  time  heretofore  established,  has 
been  or  is  now  entitled,  except  as  in  this  Act  otherwise  specially 
provided,  and  the  said  trustee  may  take,  by  gift,  grant,  devise  or 
bequest,  any  money,  real  or  personal  property,  right  of  property  for 
other  valuable  thing,  the  annual  income  of  which  shall  not  exceed 
thirty  thousand  dollars  in  the  whole ;  and  in  any  year,  when  the  con- 
dition of  the  said  rehef  fund  shall  render  it,  in  the  judgment  of  the 
said  trustee,  necessary,  he  may  receive  from  the  Board  of  Estimate 
and  Apportionment  of  the  City  of  New  York,  a  sum  not  exceeding 
ten  thousand  dollars,  to  be  included  in  the  annual  estimate  of  the 
Fire  Commissioner  and  drawn  and  collected  by  him  in  like  manner 

372 


as  the  other  moneys  applicable  to  his  expenses ;  and  such  amounts 
so  obtained  shall,  in  like  manner,  be  paid  to  and  applied  by  the 
treasurer  to  the  uses  of  said  fund,  by  deposit  or  investment  as  herein- 
before provided,  as  the  trustee  thereof  shall  direct;  provided,  that 
the  sum  of  two  hundred  thousand  dollars,  which  may  be  received 
and  accumulated  under  the  provisions  of  this  title,  shall  be  reserved 
and  retained  as  a  permanent  fund,  the  annual  income  of  which  may 
be  made  available  for  the  uses  and  purposes  of  said  relief  fund. 

Retiring  members  of  Fire  Department;  pensions,  etc. 

Sec.  790.  The  Fire  Commissioner  shall  have  the  power 
to  retire  from  all  service  in  the  said  Fire  Department,  or  to 
relieve  from  service  at  fires,  any  officer  or  member  of  the  uni- 
formed force  of  said  department,  who  may,  upon  an  examination 
by  the  medical  officers,  ordered  by  the  said  Fire  Commissioner,  be 
found  to  be  disqualified,  physically  or  mentally,  for  the  perform- 
ance of  his  duties;  and  the  said  officer  or  member  so  retired  from 
service  shall  receive  from  said  relief  fund  an  annual  allowance  as 
pension  in  case  of  total  disqualification  for  service,  or  as  com- 
pensation for  limited  service  in  case  of  partial  disability;  in  every 
case,  the  said  Fire  Commissioner  is  to  determine  the  circumstances 
thereof,  and  said  pension  or  allowance  so  allowed  is  to  be  in  lieu  of 
any  salary  received  by  such  officer  or  member  at  the  date  of  his  be- 
ing so  relieved  or  retired  from  fire  duty  in  said  department,  and  the 
said  department  shall  not  be  held  liable  for  the  payment  of  any 
claim  or  demand  for  services  thereafter  rendered,  and  the  amount  of 
such  pension  or  allowance  shall  be  determined  upon  the  following 
conditions :  In  case  of  total  permanent  disability,  at  any  time,  caused 
in  or  induced  by  the  actual  performance  of  the  duties  of  his  position, 
or  which  may  occur  after  ten  years'  active  and  continuous  service  in 
the  said  Fire  Department,  the  amount  of  annual  pension  to  be  al- 
lowed shall  be  one-half  of  the  annual  compensation  allowed  such 
officer  or  member  as  salary  at  the  date  of  his  retirement  from  the 
service,  or  such  less  sum  in  proportion  to  the  number  of  officers  and 
members  so  retired  as  the  condition  of  the  fund  will  warrant. 
But  should  permanent  disability  caused   by  injuries    received    in 

373 


the  active  discharge  of  his  duties  disqualify  him  only  from  per- 
formino-  active  duty  in  the  uniformed  force,  he  shall  be  employed 
at  the  salary  received  when  such  disability  occured  in  some  posi- 
tion in  the  Department  not  requiring  active  service  as  a  fireman.   In 
case  of  total  permanent  disability  not  caused  in  or  induced  by  the 
actual  performance  of  the  duties  of  his  position,  or  which  shall  have 
occurred  before  the  expiration  of  ten  years'  active  and  continuous 
service  in  the  said  Fire  Department,  the  amount  of  annual  pension 
to  be  allowed  shall  be  one-third  of  the  annual  compensation  allowed 
such  officer  or  member  as  salary  at  the  date  of  his  retirement  from 
the  service,  or  in  proportion  to  the  number  of  officers  and  members 
so  retired,  as  the  condition  of  the  fund  will  warrant.    In  case  of  par- 
tial permanent  disability,  caused  in  or  induced  by  the  actual  per- 
formance of  the  duties  of  his  position,  or  which  may  occur  after  ten 
years'  active  and  continuous  service  in  the  said  Fire  Department, 
the  oflficer  or  member  so  disabled  shall  be  relieved  from  active  ser- 
vice at  fires,  but  shall  remain  a  member  of  the  uniformed  force,  sub- 
ject to  the  rules  governing  said  force,  and  to  the  performance  of 
such  light  duties  as  the  medical  officer  of  the  said  Fire  Department 
may  certify  him  to  be  qualified  to  perform ;  and  the  annual  allowance 
to  be  paid  such  member  or  officer  shall  be  one-half  of  the  annual 
compensation  allowed  as  salary  at  the  date  of  his  being  so  relieved, 
or  such  less  sum,  in  proportion  to  the  number  of  officers  and  mem- 
bers so  retired,  as  the  condition  of  the  fund  will  warrant.    In  case  of 
partial  permanent  disability,  not  caused  or  induced  by  the  actual 
performance  of  the  duties  of  his  position,  or  which  may  occur  before 
ten  years'  active  and  continuous  service  in  the  said  Fire  Depart- 
ment, the  officer  or  member  so  disabled  shall  be  relieved  from  active 
service  at  fires,  but  shall  remain  a  member  of  the  uniformed  force, 
subject  to  the  rules  governing  said  force  and  to  the  performance  of 
such  light  duties  as  the  medical  officer  of  said  department  may  cer- 
tify him  to  be  qualified  to  perform,  and  the  annual  allowance  to  be 
paid  such  officer  or  member  shall  not  exceed  one-third  of  the  annual 
compensation  allowed  as  salary  at  the  date  of  his  being  so  relieved, 
or  such  less  sum  as  the  Fire  Commissioner  may,  in  his  discre- 

374 


tion,  determine,  or  as  the  condition  of  the  fund  will  warrant. 
Any  officer  or  member  of  the  uniformed  force  of  the  said  Fire 
Department  of  the  City  of  New  York,  who  has  or  shall  have 
performed  duty  therein  for  a  period  of  twenty  years  or  upwards, 
shall  upon  his  own  application  in  writing,  or  upon  a  certificate 
of  the  Board  of  Medical  Officers  showing  that  such  member 
is  permanently  disabled,  physically  or  mentally,  so  as  to  be  unfit 
for  duty,  be  retired  and  dismissed  from  said  force  and  service,  and 
placed  on  the  roll  of  the  relief  or  pension  fund,  and  awarded  and 
granted,  to  be  paid  from  the  said  relief  or  pension  fund,  an  annual 
pension  during  his  life-time  of  a  sum  not  less  than  one-half  the 
full  salary  or  compensation  of  such  member  so  retired.  The 
pensions  granted  under  this  section  shall  be  for  the  natural  life 
of  the  pensioner,  and  shall  not  be  revoked,  repealed  or  dimin- 
ished;  provided,  however,  that  no  member  of  either  of  the  uni- 
formed Fire  Departments  by  this  Act  consolidated,  having 
a  right  to  retire  on  pension  at  the  time  this  Act  takes  effect, 
shall  be  deprived  of  such  right  by  reason  of  his  remaining  a 
member  of  said  Fire  Department,  or  of  anything  in  this  Act 
contained. 

Trustee  of  relief  fund:  when  to  pay  pensions. 

Sec.  791.  The  trustee  of  the  refief  fund  is  authorized  and  em.- 
powered,  from  time  to  time,  to  pay  a  pension  out  of  said  relief 
fund  to  the  widow,  child  or  children  or  dependent  parent  or  parents 
of  any  deceased  officer  or  member  of  the  uniformed  force  of  the  said 
Fire  Department,  if  the  death  of  such  officer  or  member  occur 
during  his  service  in  the  said  uniformed  force,  or  after  he  was  retired 
from  service  in  said  uniformed  force;  provided,  that  the  amount  of 
any  such  pension  to  be  paid  by  the  said  trustee  to  each  of  the  sev- 
eral representatives  of  such  officer  or  member  as  aforesaid  (in  case 
there  shall  be  more  than  one),  may  be,  from  time  to  time,  deter- 
mined by  the  said  trustee  according  to  the  circumstances  of  each 
case,  and  that  such  pension  may  be  ordered  to  cease  and  terminate 
at  any  time  if,  in  the  opinion  of  the  trustee,  the  circumstances  should 
warrant  the  same;  and  further  provided,  that  not  more  than  three 
hundred  dollars  shall  be  paid  in  any  one  year  to  the  representative 

375 


or  representatives  of  such  officer  or  member,  and  that  no  part  of 
such  sum  shall  be  paid  to  any  such  widow  who  shall  marry  again, 
after  her  remarriage,  or  to  any  child  after  it  shall  have  reached  the 
age  of  sixteen  years.  In  case  any  officer  or  member  of 
the  uniformed  force  of  said  department  is  hereafter  killed 
while  actually  engaged  in  the  performance  of  dut},-,  or  if  death 
ensues  as  the  immediate  effect  of  injuries  so  received  the  trus- 
tee of  said  relief  fund  shall  have  the  power  to  award  to  the 
widow  of  such  officer  or  member  an  annual  allowance  as  a  pen- 
sion, to  be  paid  out  of  the  said  relief  fund,  in  amount  not  to 
exceed  one-half  of  the  salary  or  compensation  of  such  officer 
or  member  at  the  date  of  his  decease.  If  such  officer  or 
member  dying  leaves  no  widow  surviving  him,  but  leaves  a  child 
or  children,  under  the  age  of  eighteen  years,  or  dependent  parent 
or  parents,  the  said  trustee  shall  have  the  power,  to  award  to 
the  legal  guardian  of  such  child  or  children,  or  dependent 
parent  or  parents,  for  its  or  their  support  and  maintenance,  an  an- 
nual allowance  out  of  said  relief  fund,  in  amount  not  to  exceed  one- 
half  of  the  salary  or  allowance  of  such  officer  or  member  at  the  date 
of  the  decease.  The  amount  of  such  annual  allowance  to  any  such 
widow  shall  not  exceed  the  sum  of  one  thousand  dollars,  and  shall 
cease  upon  her  death  or  remarriage,  or  if  she  shall  have  been  guilty 
of  conduct  which,  in  the  opinion  of  said  trustee,  renders  further 
payment  inexpedient.  The  amount  of  such  annual  allowance  to 
any  one  such  child,  or  dependent  parent  or  parents,  shall  not  exceed 
the  sum  of  five  hundred  dollars,  and  in  every  case  such  payment 
shall  cease  upon  the.  death  or  marriage  of  such  child,  or  upon  its 
reaching  the  age  of  eighteen  years.  If  such  payment  to  the  widow 
of  any  such  officer  or  member  shall  cease  by  reason  of  her  death, 
remarriage  or  misconduct,  the  said  trustee  shall  have  power  to 
make  payments  to  the  child  or  children  or  dependent  parent  or 
parents  of  such  officer  or  member,  if  any,  as  though  he  had  died 
without  leaving  a  widow  surviving  him.  The  widows  and  or- 
phans and  retired  members  of  the  Brooklyn  Fire  Department, 
or  of  any  other  Fire  Department  of  any  of  the  municipal  and 
public  corporations  or  parts  thereof  hereby  consolidated,  shall 

376 


be  entitled  to  receive  from  the  fire  department  pension  fund 
herein  created  the  amounts  which  they  would  respectively  have 
been  legally  entitled  to  receive  on  the  31st  day  of  December, 
1897,  from  any  fire  department  pension  or  relief  fund  heretofore 
existing  in  any  of  said  municipal  corporations  or  parts  thereof. 

Life  Insurance  Fund. 

Sec.  792.  The  Life  Insurance  Fund  shall  consist  of  all  moneys 
that  are  now  to  the  credit  of  the  New  York  Fire  Department  Life 
Insurance  Fund,  and  the  Brooklyn  Fire  Department  Widows' 
and  Orphans'  Relief  Fund ;  and  all  persons  who  have  paid  into 
the  said  respective  funds,  and  who  shall  continue  to  pay 
into  the  Life  Insurance  Fund,  shall  receive  the  benefits 
of  said  Fund  as  provided  in  this  Chapter.  There  shall  be 
deducted  from  the  monthly  pay  of  each  officer  and  fireman 
of  said  department,  and  from  the  monthly  pension  of  retired 
members  of  said  department,  and  from  the  pay  of  such  other 
employees  of  said  department  as  shall  heretofore  have  availed 
themselves  of  this  provision,  the  monthly  sum  of  one  dollar, 
which  shall  be  received  and  held  by  the  treasurer  of  the  relief  fund, 
in  the  like  manner  as  the  other  moneys  herein  provided  to  be  paid  to 
him,  and  which  shall  be  known  as  the  New  York  Fire  Department 
Life  Insurance  Fund;  and  in  case  of  the  death  of  any  member  or 
employee  of  said  department  in  the  service  thereof,  who  has 
avaiiled  himself  of  this  provision,  or  of  any  pensioned  or 
retired  member  of  said  department,  and  so  conitributing, 
there  shall  be  paid  to  the  widow,  or  if  there  be  no  widow,  then  to 
the  legal  representatives  of  such  deceased  member,  or  employee,  or 
pensioned  and  retired  member,  the  sum  of  one  thousand  dollars 
out  of  the  moneys  so  assessed ;  and  in  case,  by  reason  of  the  number 
of  deaths,  the  aggregate  amount  of  money  so  provided  to  be  as- 
sessed and  collected  should  prove  inadequate  to  make  such  pay- 
ment, then  the  assessment  may,  in  the  discretion  of  said  trustee,  be 
increased  to  not  exceeding  the  sum  of  two  dollars  m  each  month's 
pay,  or  each  month's  pension  of  pensioned  and  retired  members  of 
said  department.     None  but  members  of  the  uniformed  force  shall 

377 


hereafter  be  eligible  to  membershap  in  this  fund.  If  in 
any  year,  owing  to  an  excessive  mortality  in  the  uni- 
formed force,  the  condition  of  said  life  insurance  fund  shall 
render  it,  in  the  judgment  of  the  said  trustee,  necessary,  a  sum 
not  exceeding  five  thousand  dollars  may  be  transferred  and  paid 
over  from  the  said  relief  to  the  said  life  insurance  fund  for  the  use 
and  purpose  of  said  life  insurance  fund. 


Title  6. 

tax  upon  foreign  insurance  companies. 

Corporations  liable  to  taxation. 

Sec.  798.  Any  corporation  or  association  created  by  or  organ- 
ized under  the  laws  of  any  government  other  than  the  States  of  this 
Union,  and  having  assets,  funds,  or  capital,  not  less  in  amount  than 
one  hundred  and  fifty  thousand  dollars,  invested  in  this  State,  shall 
be  liable  to  taxation  upon  such  assets,  funds,  or  invested  capital,  as 
the  same  is  levied  or  assessed  yearly  by  law,  which  tax  shall  be  paid 
as  follows:  Such  an  amount  thereof  as  would  be  equal  to  two  per 
cent.Mpon  its  gross  premiums  received  for  insurance uiion property, 

in  the  City  of  New  York,  shall,  except  as  otherwise  in  this  title  pro- 
vided, be  paid  annually  to  the  Fire  Commissioner  as  Treas- 
urer of  the  Fire  Department  and  the  residue  of  said  tax 
requisite  to  make  up  the  full  amount  of  taxation  upon  its 
capital  shall  be  paid  to  The  City  of  New  York,  as  in  the  case 
of  ordinary  taxation ;  and  the  payments  so  made  as  afore- 
said shall  exempt  such  corporation  or  association  making  the  same 
from  any  and  all  further  taxation  upon  its  premiums,  capital  or  as- 
sets; and  whenever  such  capital  shall  be  reduced  below  said  sum  of 
one  hundred  and  fifty  thousand  dollars,  or  withdrawn  entirely,  then, 
£Wid  in  either  event,  such  corporation  or  association  shall  be  liable  to 
pay  the  tax  upK)n  its  premiums  as  heretofore  provided  in  this  title. 

378 


Moneys  paid  to  department  by  insurance  companies,  etc. 

Sec.  799.     There   shall   be  paid   to  the  Fire  Commissioner 
as    Treasurer    of    the  Fire    Department,    for   the    use  and  bene- 
fit  of    said    Fire   Department,    on    the    first   day    of   February, 
in    each    year,    by    every    person    who    shall    act     in    the     City 
of    New    York,    as    agent     for    or    on    behalf    of  any  individual 
or  association  of  individuals,  not  incorporated  by  the  laws  of  this 
State,  to  effect  insurance  against  losses  or  injury  by  fire  in  the  City 
of  New  York,  although  such  individuals  or  association  may  be  in- 
corporated for  that  purpose  by  any  other  state  or  country,  the  sum 
of  two  dollars  upon  the  hundred  dollars,  and  at  that  rate  upon  the 
amount  of  all  premiums  which,  during  the  year  ending  on  the  next 
preceding  first  day  of  September,  shall  have  been  received  by  such 
agent  or  person,  or  received  by  any  other  person  for  him,  or  shall 
have  been  agreed  to  be  paid  for  any  insurance  against  loss  or  in- 
jury by  fire  in  the  City  eflfected,  or  agreed  to  be  eflfected,  or  prom- 
ised by  him  as  such  agent. 

Account  of  premiums  by  city  agent. 

Sec.  800.  Every  person  who  shall  act  in  the  City  as 
agent  as  aforesaid  shall,  on  the  first  day  of  February,  in  each 
year,  render  to  the  Fire  Commissioner  as  Treasurer  of  the 
Fire  Department  a  just  and  true  account,  verified  by  his 
oath,  on  all  such  premiums  which,  during  the  year  end- 
ing on  the  first  day  of  September  preceding,  shall  have  been  re- 
ceived by  him,  or  by  any  person  for  him,  or  which  shall  have  been 
agreed  to  be  paid  for  any  such  insurance  effected,  or  agreed  to  be 
effected,  or  promised  by  him. 

Undertaking. 

Sec.  801.  No  person  shall,  as  agent  or  otherwise,  effect,  or 
agree  to  effect,  or  procure  to  be  effected,  any  insurance  upon  which 
the  duty  above  m.entioned  is  required  to  be  paid,  until  he  .shall  have 
executed  and  delivered  to  the  said  Fire  Commissioner  as  Treas- 
urer, an  undertaking,  under  seal,  to  the  Fire  Department,  with 
such  sureties  as  the  said  treasurer,  on  the  first  day  of   February, 

379 


in  each  year,  a  just  and  true  account,  verified  by  his  oath,  of  all 
such  premiums,  which,  during  the  year  ending  on  the  first  day 
of  September  preceding,  shall  have  been  received  by  him,  or  by 
any  person  for  him,  or  which  shall  have  been  agreed  to  be  paid 
for  any  such  insurance  effected,  or  agreed  to  be  effected,  or 
promised  by  him,  and  that  he  will  annually,  on  the  first  day  of 
February  in  each  year,  pay  to  the  said  Fire  Commissioner  as 
Treasurer  two  dollars  upon  every  hundred  dollars,  and  at  that 
rate  upon  the  amount  of  such  premiums. 

Id.;  renewal  of. 

Sec.  802.  Whenever,  by  reason  of  the  failure  of  the  sureties 
or  either  of  them,  or  for  any  other  cause,  an  undertaking  given 
under  the  last  preceding  section  shall  have  or  may  be  deemed  in- 
sufificient  by  the  said  Fire  Commissioner  as  Treasurer  to  secure 
a  return  of  the  account  and  the  payment  of  the  duty  aforesaid, 
or  either  of  them,  the  said  Commissioner  as  Treasurer,  at  his 
election,  but  not  oftener  than  once  in  each  year,  may  require 
such  undertaking  to  be  renewed. 

Id.;  penalty  for  not  executing. 

Sec.  803.  Every  person  who  shall  effect,  agree  to  effect,  prom- 
ise or  procure  any  insurance  mentioned  in  the  preceding  sections 
of  this  title,  without  having  executed  and  delivered  the  undertaking 
hereinbefore  required,  shall,  for  each  offense,  forfeit  one  thousand 

dollars,  for  the  use  of  the  said  Fire  Department;  and  every  person 
who  shall  [have  been  required  by  the  Fire  Commissioner  as 
Treasurer  to  renew  his  undertaking,  pursuant  to  the  last  preced- 
ing section,  who  shall  effect,  agree  to  effect,  promise  or  procure 
any  such  insurance,  without  having  executed  ai)d  delivered  the 
renewed  undertaking,  shall  for  each  offence  forfeit  one  thousand 
dollars,  for  the  use  of  the  said  Fire  Department. 

Demand  for  accounts. 

Sec.  804.  It  shall  be  lawful  for  the  Fire  Commissioner  as  treas- 
urer of  the  Fire  Department,  on  or  after  the  first  day  of  February 
in  each  year,  by  written  or  printed  demand,  signed  by  him,  to  re- 

380 


quire  from  every  person  who  shall  act  in  the  city  as  agent,  as  afore- 
said, the  account  provided  for  in  this  title,  and  payment  of 
the  duty  provided  for;  such  demand  may  be  delivered  per- 
sonally to  such  agent,  or  at  his  office  or  place  of  business 
to  any  person  having  charge  thereof,  or  who  shall,  for  ten 
days  after  such  demand,  neglect  to  render  the  account  or  to 
pay  the  duty  demanded,  or  either  of  them,  shall  forfeit  fifty 
dollars,  for  the  use  of  the  said  Fire  Department ;  and  he 
shall  also  forfeit  for  their  use  twenty-five  dollars  in  addition  for 
every  day  that  he  shall  so  neglect,  after  the  expiration  of  said  ten 
days,  and  such  additional  penalty  may  be  computed  and  recovered 
up  to  the  time  of  any  suit  for  the  recovery  thereof. 

Place  of  business  to  be  reported. 

Sec.  805.  Every  person  who  shall  act  in  the  City  as  agent,  as 
aforesaid,  shall,  on  the  first  day  of  February  in  each  year,  or  within 
ten  days  thereafter,  and  as  often  in  each  year  as  he  shall  change 
his  place  of  business  in  the  city,  report  in  writing,  under  his 
proper  signature,  to  the  Comptroller  of  this  State,  and  also  to 
the  Fire  Commissioner  as  Treasurer  of  the  said  Fire  Department, 
the  street  and  the  number  thereof  in  the  said  city,  of  his  place 
of  business  as  such  agent,  designating  in  such  report  the  indi- 
vidual or  individuals  and  association  or  for  any  breach  of  the 
undertakings,  or  either  of  them,  provided  for  associations  for 
which  he  shall  be  such  agent.  And  in  the  case  of  default  in  any 
of  these  particulars,  such  person  shall  forfeit  for  every  offence  the 
sum  of  one  thousand  dollars,  for  the  use  of  the  said  Fire  Depart- 
ment. 

Suits  for  violations. 

Sec.  806.  The  duty  provided  to  be  paid  by  this  title,  the  dam- 
ages for  any  breach  of  the  undertakings,  or  either  of  them,  provi- 
ded for  therein,  and  the  pecuniary  penalties  imposed  therein,  or 
any  or  either  of  them,  may  be  sued  for  and  recovered,  with  costs 
of  suit,  in  any  court  of  record  within  this  State,  by  the  Fire  Com- 
missioner, for  the  use  of  said  Department. 

381 


Arrest  of  defendant. 

Sec.  807.  The  defendant  in  any  action  to  be  brought  for  the 
recovery  of  any  penalty  incurred,  or  any  duty  or  sum  of  money 
payable  under  this  title,  may  be  arrested,  if  he  is  not  a  resident  of 
this  State,  or  is  aibout  to  remove  therefrom.  An  order  for  the  arrest 
of  the  defendant  must  be  obtained  from  a  judge  of  the  court  in 
which  the  action  is  brought,  or  from  a  county  judge.  The  order 
shall  be  made  when  it  shall  appear  to  the  judge,  by  affidavit,  that 
a  sufficient  cause  of  action  exists  under  this  title,  and  that  the 
defendant  is  not  a  resident  of  this  State,  or  is  aibout  to  remove 
therefrom. 

Tax  on  receipts  of  foreign  fire  insurance  companies. 

Sec.  808.  The  Corporation  known  as  "The  Trustees  of  the 
Exempt  Firemen's  Benevolent  Fund  of  the  City  of  New  York," 
shall  be  entitled  to  collect,  and  there  shall  be  paid  to  it  until  the 
seventeenth   day  of  January,   nineteen   hundred    and    seven,   the 

percentage  or  tax  on  the  receipts  of  the  foreign  fire  insurance 
companies  doing  business  in  the  City  of  New  York,  as  heretofore 
constituted,  as  provided  by  this  title,  except  as  to  business  done 
by  said  foreign  fire  insurance  companies  in  that  part  or  portion 
of  said  City,  known  and  designated  as  the  twenty-third  and 
twenty-fourth  wards,  and  all  returns  and  undertakings  required 
by  this  title,  except  as  to  sudh  business  in  the  said  twenty-third 
and  twenty-fourth  wards,  shall,  during  such  period,  be  made 
to  the  treasurer  of  the  trustees  of  such  corporation.  The  Trustees 
of  the  Exempt  Firemen's  Benevolent  Fund,  of  the  City  of 
New  York,  shall  render  to  the  Fire  Commissioner  of  The  City  of 
New  York  and  to  the  Treasurer  of  the  Firemen's  Association  of  the 
State  of  New  York,  quarterly,  in  each  year,  a  sworn  statement  in 
detail  of  the  amounts  collected  and  received,  and  from  whom  and 
from  what  source,  on  account  of  said  tax,  during  each  quarter;  and 
shall,  at  the  same  time,  pay  over  to  said  Fire  Commissioner,  as 
Treasurer,  forty-five  per  centum  of  the  amount  so  collected  and 
received  in  each  quarter  year,  for  the  use  and  benefit  of  the  Relief 
Fund  of  the  Fire  Department  of  the  City  of  New  York,  and  to  the 

382 


Treasurer  of  the  Firemen's  Association  of  the  State  of  New  York, 
ten  per  centum  of  the  amount  so  collected  and  received,  for    the 
endowment,  benefit  and  maintenance  of  the  Volunteer  Firemen's 
Home,  at  Hudson,  Columbia  county.  New  York,  and  the  moneys 
so  received  by  the  treasurer  of  such  association  shall  be  paid  by 
him  to  the  treasurer  of  the  Volunteer  Firemen's  Home  Associa- 
tion, upon  the  order  of  the  Board  of  Trustees  thereof,  as  provided 
by  the  by-laws  of  the  said  Home  Association  ;   and  the  balance  of 
said  fund  shall  be  applied  to  the  uses  and  purposes  of  said  corpora- 
tion, as  defined  and  provided  by  chapter  fifteen  of  the  laws  of  eig-h- 
teen  hundred  and  eig-hty-six.    The  said  corporation  may  maintain 
in  its  corporate  name  any  action  or  actions  in  any  court  of  record 
of  this  State  to  recover  the  tax  or  percentage  aforesaid  during  such 
period,  and  also  to  recover  for  the  breach  of  any  bond  or  under- 
taking, which  has  been  given  or  may  be  given  to  it  pursuant  to  the 
provision  of  this  title,  or  any  penalty  imposed  thereby.  The  corpora- 
tion known  as  "The  Exempt  Firemen's  Benevolent  Fund  Associa- 
tion of  the  twenty-third  Ward  of  theCityof  the  NewYork(latetown 
of  Morrisania,  in  the  county  of  Westchester),  in  the  County  of  New 
York,"  shall  be  entitled  to  collect,  and  there  shall  be  paid  to  it  until 
the  seventeenth  day  of  January,  nineteen  hundred  and  seven,  the 
percentage  or  tax  on  receipts  of  the  foreign  fire  insurance  companies 
in  the  twenty-third  and  twenty-fourth  wards  of  the  City  of  New 
York,  as  provided  for  by  this  title,  and  all  returns  for  such  business 
in  said  twenty-third  and  twenty-fourth  wards  shall,  during  such 
period,  be  made  to  the  treasurer  of  said  last-named  corporation. 
The  said  last-named  corporation  shall,  during  said  period,  render 
to  the  Fire  Commissioner  of  the  City  of  New  York,  and  to  the 
treasurer  of  the  Firemen's  Association  of  the  State  of  New  York, 
quarterly,  in  each  year,  a  sworn  statement  in  detail  of  the  amounts 
collected  and  received,  and  from  whom  and  from  what  source,  on 
account  of  said  tax,  during  each  quarter,  and  shall,  at  the  same 
time,  pay  over  to  said  Fire  Commissioner,  as  treasurer,  forty- 
five  per  centum  of  the  amount  so  collected  and  received  in  each 
quarter  year,  for  the  use  and  benefit  of  the  Relief  Fund  of  the  Fire 

383 


Department  of  the  City  of  New  York,  and  to  the  treasurer  of  the 
Firemen's  Association  of  the  State  of  New  York,  ten  per  centum  of 
the  amount  so  collected  and  received,  for  the  endowment,  benefit  and 
maintenance  of  the  Volunteer  Firemen's  Home,  at  Hudson, 
Columbia  county.  New  York,  and  the  moneys  so  received  by  the 
treasurer  of  such  association  shall  be  paid  by  him  to  the  treasurer 
of  the  Volunteer  Firemen's  Home  Association,  upon  the  order  of 
the  Board  of  Trustees  thereof,  as  provided  by  the  by-laws  of  said 
Home  Association,  and  the  balance  of  the  moneys  so  collected  and 
received  by  it  during  such  period  shall  be  applied  to  the  uses  and 
purposes  of  said  corporation,  as  defined  and  provided  by  chapter 
four  hundred  and  ninety-eight  of  the  laws  of  eighteen  hundred 
and  seventy-five.  The  said  last-named  corporation  may  maintain 
in  its  corporate  name  any  action  or  actions  in  any  court  of  record 
of  the  State  of  New  York,  to  recover  the  tax  on  percentage  afore- 
said upon  such  business  done  in  said  twenty-third  and  twenty-fourth 
wards  during  such  period,  and  also  to  recover  for  the  breach  of 
bond  or  undertaking  which  has  been  or  may  be  given  to  it  pursuant 
to  the  provisions  of  this  title,  or  any  penalty  imposed  thereby.  From 
and  after  the  seventeenth  day  of  January,  nineteen  hundred  and 
seven,  the  said  percentage  of  tax  shall  be  collected  by  the 
treasurer  of  the  Fire  Department  of  The  City  of  New 
York,  as  provided  in  this  title,  and  thereafter  until  the 
seventeenth  day  of  January,  nineteen  hundred  and  seven- 
teen the  treasurer  of  said  Fire  Department  shall  render 
to  the  said  corporation  known  as  the  "Trustees  of  the  Exempt 
Firemen's  Benevolent  Fund,  of  the  City  of  New  York,"  and  to  the 
treasurer  of  the  Firemen's  Association  of  the  State  of  New  York, 
quarterly,  in  each  year,  a  sworn  statement  in  detail  of  the  amounts 
collected  and  received,  and  from  whom  and  from  what  source,  on 
account  of  said  tax,  during  each  quarter,  excepting  the  amounts 
collected  in  that  portion  of  said  city,  known  as  the  twenty-third  and 
twenty-fourth  wards,  and  shall,  at  the  same  time,  pay  over  to  the 
said  treasurer  of  the  corporation  known  as  "The  Trustees  of  the 
Exempt  Firemen's  Benevolent  Fund  of  the  City  of  New  York," 

384 


forty-five  per  centum  of  the  amount  so  received  in  each  quarter 
year,  for  the  use  and  benefit  of  the  said  benevolent  fund,  and  to  the 
treasurer  of  the  Firemen's  Association  of  the  State  of  New  York 
ten  per  centum  of  the  amount  so  received  in  each  quarter  year, 
for  the  endowment  and  maintenance  of  the  said  Volunteer  Fire- 
men's Home;  and  the  money  so  received  by  the  said  treasurer 
shall  be  paid  over  to  the  treasurer  of  said  Volunteer  Firemen's 
Home    in    the     manner    aforesaid.       The     said    Treasurer    of 
the     Fire     Department     shall     appropriate     and      apply     the 
remainder      of      the       moneys      so      to      be       collected       and 
received    to    the    uses    and    purposes    of    the     relief    fund     of 
said  Department.      Until  the  seventeenth  day  of  January,  nine- 
teen hundred  and  seventeen,  the  treasurer  of  said  Fire  Department 
shall  render  to  the  treasurer  of  the  corporation  known  as  the 
trustees  of  "The  Exempt  Firemen's  Benevolent  Fund  Association 
of  the  twenty-third  and  thirty-fourth  Ward  of  the  City  of  New 
York  (late  town  of  Morrisania,  in  the  County  of  Westchester),  in 
the  County  of  New  York,"  and  to  the  treasurer  of  the  Firemen's 
Association  of  the  State  of  New  York,  quarterly,  in  each  year,  a 
sworn  statement  in  detail  of  the  amounts  collected  and  received, 
and  from  whom  and  from  what  source,  on  account  of  said  tax, 
during  each  quarter,  in  that  portion  of  the  said  city  known  as  the 
twenty-third  and  twenty-fourth  wards,  and  shall,  at  the  same  time, 
pay  over  to  the  said  treasurer  of  the  said  corporation  known  as  the 
Trustees  of  "The  Exempt  Firemen's  Benevolent  Fund  Association 
of  the  twenty-third  Ward  of  the  City  of  New  York  (late  town  of 
Morrisania,  in  the  County  of  Westchester)  in  the  County  of  New 
York,"  forty-five  per  centum  of  the  amount  so  received  in  each 
quarter  year,  for  the  use  and  benefit  of  the  said  corporation,  and 
to  the  treasurer  of  the  said  Firemen's  Association  of  the  State  of 
New  York,  ten  per  centum  of  the  amount  so  received  in  each 
quarter  year,  for  the  endowment  and  maintenance  of  said  Volunteer 
Firemen's  Home,  and  the  moneys  so  received  by  said  treasurer 
shall  be  paid  over  to  the  treasurer  of  said  Volunteer  Firemen's 
Home  in  the  manner  aforesaid.     The  said  Treasurer  of  the  Fire 
Department  shall  appropriate   and  apply  the  remainder  of  the 

385 


moneys  so  to  be  collected  and  received  by  it  to  the  uses  and 
purposes  of  the   Relief   Fund  of  said    Department.     The  said 
corporations    known    respectively    as    "The    Tru^ees    of    the 
Exempt   Firemen's  Benevolent  Fund  Association   of  the   City 
of    New    York,"    and    ''The    Exempt     Firemen's    Benevolent 
Fund  Association   of   the    twenty-third   Ward    of   the   City    of 
New  York  (late  town   of   Morrisania,    in  the   County  of  West- 
chester), in  the  County  of  New  York,"  shall  each  make  an  annual 
report  to  the  Comptroller  of  the  State  of  New  York,  on  or  before 
the  first  day  in  January  in  each  year,  duly  verified  by  the  president 
and  treasurer  thereof,  of  the  amount  of  money  received  during  the 
year,  and  from  whom  and  from  what  source  received,  and  giving 
in  detail  the  names  and  residences  of  all  persons  to  whom  and  for 
what  purposes  any  moneys  were  paid,  with  the  amount  paid  to  each 
recipient,  and  of  the  amount  of  money  on  hand,  and  how  invested. 
No  trustee,  officer  or  agent  of  either  of  said  corporations   shall 
g^ant  or  give  to  any  beneficiary  or  other  person  any  greater  sum 
than  shall  have  been  determined  by  the  Board  of  Trustees  of  such 
corporation  by  a  vote  of  a  majority  of  such  trustees,  after  due  in- 
vestigations of  the  circumstances  of  each  case,  and  all  payments  of 
pensions  or  donations  shall  be  made  by  the  treasurer  upon  such 
order  of  the  trustees  of  the  corporation,  and  for  all  such  payments 
the  treasurer  shall  take  receipts  from  the  beneficiaries  receiving 
the  same,  which  receipts  shall  be  filed  with  his  report  to  the  trustees 
of  the  corporation. 

Tax  on  receipts  of  foreign  fire  insurance  companies  doing   busi- 
ness in  the  Borough  of  Brooklyn. 

Sec.  809.  There  shall  be  paid  to  the  Fire  Commissioner, 
until  the  seventeenth  day  of  January  in  the  year  nineteen  hun- 
dred and  seventeen,  the  percentage  or  tax  upon  the  receipts  of 
foreign  fire  insurance  companies  doing  business  in  the  Borough 
of  Brooklyn ;  and  said  Commissioner  shall  cause  the  moneys  so 
paid  to  him  to  be  paid  out  and  disposed  of  as  follows : 

1.  To  the  New  York  Fire    Department  Relief  Fund 
forty-five  per  centum. 

386 


2.  To  the  Treasurer  of  the  Firemen's  Association  of 
the  State  of  New  York,  who  shall  pay  over  the  same  to 
the  Treasurer  of  the  Volunteer  Firemen's  Home  at  Hud- 
son, N.  Y.,  ten  per  centum. 

3.  To  the  Treasurer  of  the  Widows  and  Orphans  Fund 
of  the  late  Volunteer  Fire  Department  of  the  Western 
District  of  the  late  city  of  Brooklyn,  twenty  per  centum. 

4.  To  the  Treasurer  of  the  Widows  and  Orphans  Fund 
of  the  late  Volunteer  Fire  Department  of  the  Eastern 
District  of  the  late  city  of  Brooklyn,  thirteen  and  one- 
third  per  centum. 

5.  To  the  Treasurer  of  the  Widows  and  Orphans  Fund 
of  the  late  Volunteer  Fire  Department  of  the  former 
town  of  New  Lots,  three  and  one-third  per  centum. 

6.  To  the  Treasurer  of  the  Widows  and  Orphans  Fund 
of  the  late  Volunteer  Fire  Department  of  the  former 
town  of  Flatbush,  two  and  one-third  per  centum. 

7.  To  the  Treasurer  of  the  Widows  and  Orphans 
Fund  of  the  late  Volunteer  Fire  Department  of  the 
former  town  of  Gravesend,  two  and  one-third  per  centum. 

8.  To  the  Treasurer  of  the  Widows  and  Orphans 
Fund  of  the  late  Volunteer  Fire  Department  of  the 
former  town  of  New  Utrecht,  two  per  centum. 

9.  To  the  Treasurer  of  the  Widows  and  Orphans 
Fund  of  the  Volunteer  Fire  Department  of  the  former 
town  of  Flatlands,  one  and  two-thirds  per  centum. 

The  Fire  Commissioner  shall  quarterly  in  each  year  render 
to  each  of  the  foregoing  associations  a  sworn  statememt  in  detail 
of  the  amounts  collected  and  received  by  him  as  aforesaid,  and 
from  whom  and  from  what  source  on  account  of  said  tax  during 
each  quarter. 

And  the  custodian  or  trustees  receiving  moneys  under  the 
provisions  of  this  Act  in  the  Borough  of  Brooklyn  shall  annually 
make  and  render  to  the  Fire  Commissioner  in  the  month  of 
January  a  sworn  statement  as  to  the  expenditure  of  said  funds, 

387 


and  upon  failure  so  to  do  the  Fire  Commissioner  may  withhold 
the  said  percentage  and  it  shall  be  paid  over  to  the  New  York 
Fire  Department  Relief  Fund,  and  any  use  of  said  percentage 
for  purposes  other  than  provided  by  law  shall  be  a  misdemeanor 
and  be  punishable  as  such. 

'  Sec.  810.  The  corporation  known  as  the  Veteran  Firemens' 
Association  of  the  North  Shore  Fire  Department  of  Staten  Island, 
in  the  Borough  of  Richmond,  shall  be  entitled  to  collect  a  per- 
centage or  tax  of  two  per  cent,  on  receipts  of  foreign  Fire  Insur- 
ance Companies,  located  and  doing  business  in  the  Borough  of 
Richmond.  The  said  Association  shall  be  subject  to  the  same 
laws  and  possess  the  same  privileges  as  The  Exempt  Firemens' 
Benevolent  Association,  of  the  twenty-third  Ward,  of  the  City 
of  New  York  (late  town  of  Morrisania,  County  of  Westchester), 
for  the  term  of  twenty  years,  beginning  with  the  establishment 
of  a  paid  fire  department  over  said  Borough. 


388 


CHAPTER  XVI. 

DOCKS,    PIERS,    HARBOR,     PORT,    AND    WATERS. 

Title  1.     Department  of  Docks  and  Ferries. 

2.  Piers,  Slips  and  Wharfage. 

3.  General  Provisions. 

Title  1. 
department  of  docks  and  ferries. 

Board  of  Docks,    Commissianers,   Appointment,    Term  of  Office, 
President  and  Salaries. 

Section  816.  The  head  of  the  Department  of  Docks  and 
Ferries  shall  be  called  the  Board  of  Docks.  The  Board  of  Docks 
shall  consist  of  three  persons,  to  be  known  as  Commissioners  of 
Docks.  They  shall  be  residents  of  The  City  of  New  York,  and 
shall  be  appointed  by  the  Mayor,  and  hold  their  respective  offices 
as  provided  in  Chapter  IV  of  this  Act.  Said  Commissioners 
shall  elect  one  of  their  number  President  of  said  Board.  The 
salary  of  the  President  shall  be  six  thousand  dollars  a  year,  and 
the  salary  of  each  of  the  other  two  Commissioners  shall  be  five 
thousand  dollars  a  year. 

Extension  of  jurisdiction  to  new  territory. 

Sec.  817.  All  the  powers  and  duties  heretofore  vested  in  and 
devolved  upon  the  Department  of  Docks,  of  the  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  are  devolved  upon 
and  vested  in  the  Department  of  Docks  and  Ferries  hereby  created, 
and,  in  addition  thereto,  the  powers  and  duties  of  said  depart- 
ment are  hereby  extended  so  as  to  include  all  the  water  front, 
wharf  property,  lands  under  water,  wharves,  piers,  bulkheads  and 

389 


structures  thereon  situate,  within  the  City  of  Brooklyn;  the 
County  of  Richmond,  and  that  portion  of  Queens  County  by  this 
Act  consolidated  with  the  corporation  known  as  the  Mayor 
Aldermen  and  Commonalty  of  the  City  of  New  York;  and  the 
said  Board  of  Docks  shall  have  the  same  powers,  subject  to  the 
approval  of  the  Commissioners  of  the  Sinking  Fund,  to  adopt 
and  execute  a  plan  or  plans  for  the  water  front  of  The  City  of 
New  York,  as  constituted  by  this  Act,  and  to  fix  and  establish 
the  line  of  solid  filling,  bulkheads  and  pier  head  lines,  the 
distances  between  piers,  methods  and  character  of  construction 
of  wharves  and  piers  within  the  entire  territory  of  The  City  of 
New  York,  as  constituted  by  this  Act,  that  the  said  Department 
of  Docks  possessed,  at  the  time  this  Act  takes  effect,  within  the 
territory  of  the  City  of  New  York,  as  heretofore  known  and 
bounded. 

Jurisdiction,  powers  and  duties. 

Sec.  818.      The  Board  of  Docks   shall  have  exclusive  charge 
and  control,  subject  in  the  particulars  hereinafter  mentioned  to  the 
Commissioners    of    the  Sinking    Fund,    of  the   wharf  property 
belonging  to  the  Corporation  of  The  City  of  New  York,  as  con- 
stituted by  this  Act,  including  all  the  wharves,  piers,   bulkheads, 
and   structures  thereon,  and  waters  adjacent  thereto,  and  all  the 
slips,  basins,  docks,  waterfronts,  land  under  water  and  structures 
thereon,  and  the  appurtenances,  easements,  uses,  reversions,  and 
rights   belonging  thereto  which  are  now  owned  or  possessed  by 
the  said  corporation   or  to  which  said   corporation   is,   or  may 
become  entitled,  or  which  said  corporation  may  acquire  under 
the  provisions  hereof,  or  otherwise ;    and  said  Board  shall  have 
exclusive  charge  and  control  of  the  repairing,  building,  rebuilding, 
maintaining,  altering,  strengthening,  leasing,  and  protecting  said 
property,  and  every  part  thereof,  and  of  all  the  cleaning,  dredg- 
ing,   and    deepening    necessary  in  and  about   the   same.      Said 
Board   is  also  hereby  invested,   except   as    otherwise    expressly 
stated    in    this]   Act,  with  the]  exclusivej  government  and  regu- 
lation   of   all   wharf    property,  wharves,  jpiers,    bulkheads,    and 
structures    thereon,    and   waters   adjacent    thereto,    and   all   the 
basins,  slips  and  docks,  with   the]  land  'under  water  in  said  city 

390 


not  owned  by  said  corporation.  The  Board  of  Docks  shall  not 
have  power  to  change  the  exterior  line  of  piers  and  bulkheads, 
established  by  law. 

The  Board  of  Docks  shall  also  have  exclusive  charge  and  con- 
trol, subject  in  the  particulars  hereinafter  mentioned  to  the  Com- 
missioners of  the  Sinking  Fund,  of  all  ferries  and  ferry  property 
belonging  to  the  corporation  of  The  City  of  New  York,  as  hereby 
constituted. 

Plans  for  water  fronts. 

Sec.  819.  The  plan  or  plans  for  the  whole  or  any  part  of 
the  water  front  of  The  City  of  New  York,  as  constituted  by 
this  Act,  including  the  water  front  on  the  westerly  side  of  the 
Harlem  River  from  the  easterly  line  of  the  Third  avenue  where 
said  line  strikes  said  river  along  the  water  front  from  said  line 
to  the  northerly  side  of  Eighty-sixth  street  on  the  East  river 
determined  upon  by  the  Department  of  Docks,  of  the  City  of 
New  York,  as  heretofore  known  and  bounded,  adopted  and  certi- 
fied to  by  the  Commissioners  of  the  Sinking  Fund,  and  filed,  in 
the  oflfice  of  said  Department  of  Docks,  in  accordance  with  the 
provisions  of  the  third  subdivision  of  section  ninety-nine  of 
chapter  one  hundred  and  thirty-seven  of  the  laws  of  eighteen 
hundred  and  seventy  as  amended  by  section  six  of  chapter  five 
hundred  and  seventy-four  of  the  laws  of  eighteen  hundred  and 
seventy-one,  and  such  plan  or  plans  as  may  be  determined  upon 
pursuant  to  section  817  of  this  Act,  by  the  Board  of  Docks 
created  by  this  Act,  adopted  and  certified  toby  the  Commissioners 
of  the  Sinking  Fund  and  filed,  or  that  may  be  filed,  in  the  office 
of  said  Board  of  Docks  shall  be  and  continue  to  be  the  sole  plan 
or  plans,  according  to  which  any  wharf,  pier,  bulk-head,  basin, 
dock,  slip  or  any  wharf  structure  or  superstructure  shall  be  laid 
out  or  constructed  within  the  territory  or  district  embraced,  or 
that  may  hereafter  be  embraced  in  and  specified  upon  said  plan 
or  plans,  and  shall  be  the  sole  plan  or  plans  and  authority  for 
solid  filling  in  the  waters  surrounding  The  City  of  New  York, 
and  on  said  Harlem  river,  and  for  extending  piers  into  said 
waters  and  erecting  bulk-heads  around  said  city,  and  on  the 
westerly  side  of  the  Harlem  river,  and  all  other  provisions  of  law 

391 


regulating  solid  filling  and  pier  and  bulkhead  lines  in  said 
waters,  are  to  be  deemed  to  be  repealed  whenever  said  plan  or 
plans  is  or  are  inconsistent  with  such  provisions  of  law,  and  all 
laws  giving  any  power  or  authority  as  to  said  water  front  in  the 
territory  embraced  in  this  section,  to  any  other  department  of 
the  City  of  New  York,  as  heretofore  known  and  bounded,  or  to 
any  department  of  any  municipal  or  public  corporation  which,  or 
part  of  which,  is  consolidated  by  this  Act  with  the  Mayor, 
Aldermen,  and  Commonalty  of  the  City  of  New  York,  are 
hereby  repealed.  No  wharf,  pier,  bulkhead,  basin,  dock,  slip, 
exterior  street,  or  any  wharf,  structure,  or  superstructure  shall 
be  laid  out,  built  or  rebuilt,  within  such  territory  or  district 
except  in  accordance  with  such  plan  or  plans,  provided  that 
said  Board  of  Docks,  with  the  consent  and  approval  of 
the  Commissioners  of  the  Sinking  Fund,  may,  from  time 
to  time,  change  the  width  or  location  of  the  piers  laid  down 
on  said  plan  or  plans;  and  provided,  also,  that  said  Board 
of  Docks  may  build,  or  rebuild,  or  license,  or  permit  the  build- 
ing or  rebuilding,  of  temporary  wharf  structures,  and  said  Board 
may  lease  land  covered  with  water  belonging  to  The  City  of  New 
York  for  the  purpose  thereof,  such  lease,  license  or  permit  to  con- 
tinue and  remain  at  the  will  and  pleasure  of  said  Board,  or  for  a 
time  not  longer  than  until  the  wharves,  piers,  bulkheads,  basins, 
docks,  or  slips  to  be  built  or  constructed  according  to  such  plan 
or  plans,  shall  in  the  judgment  of  said  Board,  require  and  need 
to  be  built  or  constructed ;  and  provided,  further,  that  the  Board 
of  Docks  with  the  consent  and  approval  of  the  Commissioners  of 
the  Sinking  Fund  may  alter  and  extend  the  present  pier  head 
line,  as  now  established  on  the  Hudson  River,  between  Battery 
Place  and  Seventieth  Street,  and  establish  a  new  pier  head  line 
between  these  points,  and  may  authorize  the  construction  of  new 
piers  out  to  said  pier  head  line,  and  may  extend  those  piers 
already  built  out  to  said  line ;  and  may  build  new  piers,  or  extend 
piers  already  built,  out  to  such  pier  head  lines  as  are  now  or 
may  hereafter  be  established  by  the  Secretary  of  War  under  Act 
of  Congress.  The  Board  of  Docks  is  hereby  authorized  and 
empowered,  with  the  consent  and  approval  of  the  Commis- 
sioners of  the  Sinking  Fund,  to  alter  and  amend  the  plans  of  the 

392 


fiivsEsiiy; 
"^^^ 

improvement  of  the  water  front  determined  upon  by  the  Depart- 
ment of  Docks,  and  approved  by  the  Commissioners  of  the  Sink- 
ing Fund  of  the  City  and  County  of  New  York,  in  eighteen 
hundred  and  seventy-one,  between  the  Battery  and  Grand  Street 
on  the  East  River,  and  between  the  Battery  and  West  Sixty- 
Second  Street  on  the  North  River.  Whenever  the  plan  so 
determined  upon  and  adopted,  or  hereafter  to  be  determined 
upon  and  adopted,  shall  include  the  widening  of  an  exterior 
street  or  avenue,  or  the  opening  and  construction  of  a  new 
exterior  street  or  exterior  avenue,  or  the  abandonment  or  clos- 
ing of  such  street  or  avenue  already  in  existence,  the  power 
to  widen,  open,  construct,  abandon  or  close  the  same  shall 
exclusively  reside  with  the  said  Board  of  Docks,  which  is  hereby 
authorized  to  take  such  steps  as  may  be  necessary  in  that 
regard,  and  after  the  same  shall  have  been  so  widened  or  opened, 
the  right  to  maintain  the  widened  portion  of  a  street  or  avenue 
already  opened,  and  such  new  street  or  avenue  shall  also  reside 
with  the  said  Board  of  Docks ;  but  the  street  or  avenue  so 
widened  to  the  extent  of  the  part  so  widened,  or  such  new  street 
or  avenue  opened  under  this  plan  shall  not  be  a  public  street, 
but  shall  be  a  marginal  wharf,  and  shall  be  used  in  that  regard 
in  such  manner  from  time  to  time  as  the  Board  of  Docks  shall, 
by  resolution,  determine.  The  Board  of  Docks  shall  have  exclu- 
sive power  to  regulate  the  use  of  marginal  streets  so  that  the 
land  and  buildings  upon  all  such  marginal  streets  may  be  used 
to  the  best  advantage  in  connection  with  the  wharves  and  bulk- 
heads ;  and  the  Board  of  Docks  shall  have  the  power  to  regulate, 
by  license  or  by  any  other  suitable  means,  the  transfer  of  goods 
and  merchandise  upon,  over  or  under  all  such  marginal  streets ; 
except  that  the  said  Board  of  Docks  shall  not  under  this  section 
have  any  power  in  respect  to,  or  jurisdiction  over  the  public 
driveway  authorized  by  and  constructed  under  chapter  one  hun- 
dred and  two  of  the  laws  of  eighteen  hundred  and  ninety-three, 
and  Acts  amendatory  thereof. 

Surveys  of  water  front. 

Sec.   820.      The  Board  of  Docks  is  authorized  to  cause  to  be 
made  the  necessary  surveys,  soundings  and  other  examinations  of 

393 


the  water  front  of  The  City  of  New  York,  as  constituted  by  this 
Act,  where  the  same  has  not  already  been  determined,  and  to 
ascertain  the  capacities  and  requirements  of  said  water  front 
for  adaptation  to  commercial  and  other  uses. 

Construction  of  piers  and  docks  regulated. 

Sec.  821.  In  executing  the  plan  or  plans  mentioned  in  section 
819  of  this  Act,  the  Board  of  Docks  shall  proceed,  according 
to  said  plan  or  plans,  to  lay  out,  establish  and  construct  wharves, 
piers,  bulkheads,  basins,  docks  or  slips  in  the  territory  or 
district  embraced  in  such  plan  or  plans,  and  in  and  upon  or 
about  the  property  owned  by  The  City  of  New  York,  without 
interfering  with  the  property  or  rights  of  any  other  person  except 
so  far  as  may  be  necessary  to, insure  the  safety  and  stability  of  the 
wharves,  piers,  bulkheads,  basins  or  slips  so  to  be  constructed. 
And  said  Board  may  commence  and  carry  on  such  construction 
in  sections  of  said  territory  or  district  from  time  to  time,  so  as 
not  to  seriously  incommode  the  commerce  of  said  city.  The 
work  of  said  construction  under  such  plan  or  plans  shall,  unless 
ordered  to  be  otherwise  performed  by  the  affirmative  vote  of  all 
the  Commissioners  of  Docks,  be  performed  as  follows :  The  said 
Board  of  Docks  shall  prepare  full  and  minute  specifications 
for  such  work,  and  advertise  for  proposals  for  doing  said  work 
under  said  plan  or  plans,  and  according  to  such  specifications ; 
proposals  therefor  shall  be  signed  by  the  bidders  for  the  said 
work  and  be  sent  to  the  said  Board  within  the  time  specified 
in  such  advertisement,  accompanied  by  a  bond  in  the  form  set 
forth  in  said  specifications,  duly  executed.  The  said  Board  of 
Docks  shall  open  said  proposals  on  a  day  to  be  specified  in  such 
advertisement,  and  shall  examine  them,  and  unless  the  said 
Board  shall  deem  it  for  the  interest  of  the  City  to  reject  all  bids, 
shall  award  the  contract  for  said  work  to  the  lowest  responsible 
bidder  complying  with  such  plan  or  plans  and  specifications ;  such 
contract  shall  be  executed  by  the  said  Board  of  Docks  on  behalf 
of  The  City  of  New  York,  and  shall  always  contain  provisions  as 
to  the  time  of  commencing  and  completing  said  work,  and  for 
the  retention  of  at  least  one-fourth  of  its  contract  price,  until  the 
completion  of  said  work,  as   security  for  its   performance,   and 

394 


for  the  forfeiture  of  said  contract  for  non-performance  of  the 
terms  thereof.  Said  Board  of  Docks  may,  upon  the  forfeiture 
of  any  such  contract,  proceed  to  complete  the  work  thereunder 
without  contract  or  may  readvertise  for  proposals  to  complete 
said  work  and  award  a  new  contract  therefor  in  the  same  manner 
as  provided  herein  for  awarding  the  original  contract ;  but  no  bidder 
under  this  section  shall  be  entitled  to  a  contract  until  his  bid  be 
approved  and  accepted  by  said  Board  of  Docks,  provided,  how- 
ever, that  repairs  may  be  done  by  days'  work,  and  without  con- 
tract, whenever  in  the  judgment  of  the  Board  of  Docks  it  is 
expedient  so  to  do. 

Purchase  of  wharf  property  for  Corporation:  proceedings  to  acquire. 

Sec.  822.  The  Board  of  Docks  is  authorized  to  acquire  in  the 
name  and  for  the  benefit  of  the  Corporation  of  The  City  of  New 
York  any  and  all  wharf  property  in  The  City  of  New  York, 
as  constituted  by  this  Act,  to  which  the  Corporation  of 
The  City  of  New  York  then  has  no  right  or  title,  and  any  rights, 
terms,  easements  and  privileges  pertaining  to  any  wharf  property 
in  The  City  of  New  York,  and  not  owned  by  said  corpora- 
tion ;  and  said  Board  of  Docks  may  acquire  the  same  either 
by  purchase  or  by  process  of  law,  as  herein  provided.  Said 
Board  of  Docks  may  agree  with  the  owners  of  any  such  prop- 
erty, rights,  terms,  easements,  or  privileges,  upon  a  price  for 
the  same,  and  shall  certify  such  agreement  to  the  Commis- 
sioners of  the  Sinking  Fund,  and  if  the  said  Commissioners 
approve  of  such  agreement,  said  Board  of  Docks  shall  take 
from  such  owners,  at  such  price,  the  necessary  conveyances 
and  covenants  for  vesting  said  property,  rights,  terms,  easements, 
or  privileges  in,  and  assuring  the  same  to  The  City  of  New  York 
forever,  and  said  owner  shall  be  paid  such  price  from  the  City 
treasury,  as  provided  in  this  Act.  If  the  said  Board  of  Docks 
shall  deem  it  proper  and  expedient  that  the  said  corporation  should 
acquire  possession  of  such  wharf  property,  rights,  terms,  ease- 
ments, or  privileges,  for  which  no  price  can  be  agreed  upon  be- 
tween said  Board  and  the  owner  or  owners  thereof,  the  said  Board 
of  Docks  may  direct  the  Corporation  Counsel  of  said  City  to 
take  legal  proceedings  to  acquire  the  same  for  the  City,  and  the 

395 


said  Corporation  Counsel  shall  take  the  same  proceedings  to  ac- 
quire the  same  as  are  by  law  provided  for  the  taking  of  private 
property  in  said  City  for  public  streets  or  places,  and  the 
provisions  of  law  relating  to  the  taking  of  private  property 
for  public  streets  or  places  in  said  city  are  hereby  made  applic 
able,  as  far  as  may  be  necessary,  to  the  acquiring  of  the  said 
property,  rights,  terms,  easements  and  privileges,  and  the  said 
Board  of  Docks  is  also  empowered  to  acquire  in  like  manner  the 
title  to  such  lands  under  water  and  uplands,  within  The  City  of 
New  York,  as  constituted  by  this  Act,  as  shall  seem  to  said 
Board  of  Docks  necessary  to  be  taken  for  the  improvement  of 
the  water  front. 

The  just  compensation  to  which  the  owner  of  property  taken 
under  the  foregoing  provisions  is  entitled  shall  be  ascertained 
and  determined  upon  the  following  principles.  If  all  of  the 
property  of  such  owner  is  taken,  the  compensation  awarded 
shall  be  the  fair  and  just  value  of  the  said  property.  If  the 
property  of  the  riparian  proprietor  has  been  built  upon  or 
improved,  and  if  such  buildings  or  improvements  are  upon  a 
single  tract  contiguous  to  or  adjoining  lands  under  water,  or 
which  were  originally  under  water,  and  used  in  connection 
therewith,  and  part  only  of  such  property  is  proposed  to  be 
taken,  the  fair  and  just  value  of  the  entire  premises  shall  first 
be  ascertained,  and  then  there  shall  be  ascertained  the  like  value 
of  the  premises  in  the  condition  in  which  they  will  be  after  the 
part  is  taken,  and  the  difference  in  value,  be  it  more  or  less 
than  the  separate  value  of  the  part  taken,  shall  constitute  the 
measure  of  compensation. 

Provided  that  said  Board  of  Docks,  with  the  approval 
of  the  Commissioners  of  the  Sinking  Fund,  hereby  is  em- 
powered to  agree,  license  and  permit  private  owners  of  any 
bulkheads,  piers  or  water  rights,  to  make  the  necessary  improve- 
ments upon  their  bulkheads,  piers  or  water  rights,  so  as  to  con- 
form to  the  plan  already  adopted  by  the  Department  of  Docks, 
and  approved  by  the  Commissioners  of  the  Sinking  Fund  of  the 
City  of  New  York,  as  heretofore  known  and  bounded,  or  to  be 
hereafter  adopted  and  approved,  pursuant  to  this  chapter,  during 
the  period    which    shall   intervene  prior  to  the  extinguishment 

396 


of  such  private  ownerships  by  The  City  of  New  York,  such 
improvements  to  be  made  by  such  owners  under  the  super- 
vision of  the  Board  of  Docks,  or  by  the  Board  of  Docks 
itself,  as  may  be  agreed  upon,  at  the  cost  and  expense  of 
such  private  owners,  in  the  first  instance,  and  upon  such  reason- 
able terms  as  to  reimbursing  said  private  owners  for  such  improve- 
ments, and  as  to  wharfage  and  other  riparian  rights  thereon  and 
therefrom,  as  may  be  agreed  upon.  All  agreements,  and  licenses 
or  permits  heretofore  made  or  entered  into  between  the  Mayor, 
Aldermen  and  Commonalty  of  the  City  of  New  York  and  any 
private  owners,  as  to  the  making  of  like  improvements  upon  their 
property,  are  hereby  ratified,  comfirmed  and  made  valid. 

Acquirement  of  certain  wharf  property  on  North  and  East  Rivers. 

Sec.  823.  In  all  proceedings  taken  by  the  Board  of  Docks  of 
The  City  of  New  York  for  the  acquirement  of  wharf  property, 
rights,  terms,  easements,  or  privileges,  or  lands  under  water 
and  uplands  in  The  City  of  New  York,  if  said  wharf  prop- 
erty or  lands  under  water,  or  wharf  property  to  which  said 
rights,  terms,  easements,  or  privileges  are  appurtenant,  is, 
or  are,  situated  between  the  southerly  side  of  Bethune 
Street  and  the  northerly  side  of  Gansevoort  Street,  upon 
or  adjacent  to  the  North  River  in  The  City  of  New  York, 
or  between  the  southerly  side  of  East  Eighteenth  Street  and  the 
southerly  side  of  East  Twenty-first  Street,  upon  or  adjacent  to 
the  East  River,  it  shall  not  be  necessary  for  the  said  Board  of 
Docks  to  make  any  attempt  to  agree  with  the  owners  of  any  such 
property,  rights,  terms,  easements,  privileges,  uplands  or  lands 
under  water,  upon  a  price  for  the  same,  before  commencing  the 
proceedings  authorized  by  section  822  of  this  Act. 

In  a  proceeding  brought  for  the  acquirement  of  any  such 
wharf  property,  rights,  terms,  easements,  or  privileges,  or  up- 
lands, or  lands  under  water  situate,  as  in  this  section  set  forth, 
the  title  to  the  said  wharf  property,  uplands  and  lands  under 
water,  rights,  terms,  easements,  and  privileges  shall  vest  in  The 
City  of  New  York  four  months  after  the  filing  in  the  office  of 
the  clerk  of  the  Supreme  Court,  in  the  First  Judicial  District,  of 
the  oaths  of  the  Commissioners  of   Estimate  and  Assessment  in 

397 


said  proceeding  appointed,  and  all  of  the  rights,  title  and  inter- 
est of  any  and  all  of  the  owners  or  persons  interested  in  the  said 
wharf  property,  rights,  terms,  easements,  and  privileges  or  lands 
under  water,  or  uplands,  shall  cease  and  determine  and  be  ex- 
tinguished at  such  time.  All  the  awards  made  in  such  proceed- 
ing for  the  value  of  property  acquired  or  interests  extinguished, 
shall  draw  interest  from  the  time  of  the  vesting  of  the  title  in 
The  City  of  New  York. 


Acquirement  of  wharf  property  in  which  City  has  some  interest. 

Sec.  824.  In  all  proceedings  by  the  Board  of  Docks  of  The 
City  of  New  York,  for  the  acquirement  of  the  interests  of  any 
person  or  corporation  who  is  an  owner  in  common  or  a  joint- 
tenant  with  The  City  of  New  York,  of  any  wharf  property, 
rights,  terms,  easements,  or  privileges,  or  lands  under  water 
and  uplands,  it  shall  not  be  necessary  for  the  said  Board  of 
Docks  to  make  any  attempt  to  agree  with  said  person  or  cor- 
poration who  is  a  tenant  in  common  or  joint-tenant  as  aforesaid 
with  The  City  of  New  York,  upon  a  price  for  the  same,  before 
commencing  the  proceedings  authorized  by  section  822  of  this 
Act. 

In  a  proceeding  brought  for  the  acquirement  of  any  such 
right,  title,  or  interest  in  or  to  any  such  wharf  property,  rights, 
terms,  easements,  or  privileges,  or  uplands,  or  lands  under 
water,  owned  as  in  this  section  set  forth,  the  title  of  the  person 
or  corporation  who,  or  which  is,  the  tenant  in  common  or  joint- 
tenant  with  The  City  of  New  York  to  the  said  wharf  property, 
uplands  and  lands  under  water,  rights,  terms,  easements,  and 
privileges,  shall  vest  in  The  City  of  New  York  four  months  after 
the  filing  in  the  office  of  the  clerk  of  the  Supreme  Court,  in  the 
First  Judicial  District,  of  the  oaths  of  the  Commissioners  of 
Estimate  and  Assessment  in  said  proceeding  appointed,  and  all 
of  the  rights,  title,  and  interest  of,  in  and  to  the  said  owners, 
persons  or  corporations  interested  in  said  wharf  property,  rights, 
terms,  easements,  privileges,  or  lands  under  water  or  uplands, 
shall  cease,  determine  and  be  extinguished  at  such  time.  All 
the  awards  made  in  such  proceeding  for  the  value  of  property 

398 


acquired  or  interest   extinguished  shall   draw  interest  from  the 
time  of  vesting  of  the  title  in  The  City  of  New  York. 

Wharfage  and  dockage  charges.   Leasing  property .    Oyster  business; 
designation  of  water-front  for. 

'.  Sec.  825.  When  any  of  the  wharves,  piers,  bulkheads,  slips, 
docks,  and  basins  constructed  under  the  provisions  of  this  chap- 
ter [shall  be  open  to  the  public  use,  the  Board  of  Docks  shall, 
subject  to  the  provisions  of  law,  regulate  the  charges  for  wharf- 
age, cranage  and  dockage  of  all  vessels  admitted  thereto,  and 
may  alter  such  charges  from  time  to  time  as  the  public  trade 
may  authorize  and  the  said  Board  of  Docks  deem  proper  ;  pro- 
vided that  the  rates  of  wharfage  on  boats  navigating  the  canals 
of  the  State  shall  not  be  increased  beyond  the  rates  in  force  on 
April  eighteenth,  one  thousand  eight  hundred  and  seventy-one, 
except  as  hereinafter  specifically  provided,  and  no  restriction  of 
the  amount  of  wharf  and  slip  room  occupied  by  them  shall  be 
made ;  and  said  Board  of  Docks  may  appropriate  any  of  such 
wharves,  as  the  owners  thereof  may  apply  to  have  so  designated 
orgappropriated  to  the  sole  use  of  special  kinds  of  commerce,  or 
of  steamboats,  or  of  any  other  class  or  description  of  ships  or 
vessels,  and  may  restrain  and  prohibit  any  ship,  steamboat,  or 
any  other  vessel  or  water  craft  whatever  from  coming  into,  or 
lying,  mooring,  or  anchoring  at  or  within  any  such  wharf,  pier, 
or  slip  of  said  The  City  of  New  York,  except  such  as  may  be 
so  designated  for  their  use  respectively.  Said  Board  of  Docks 
may,  in  the  name  of  and  for  the  benefit  of  the  Corporation  of  The 
City  of  New  York  lease  any  or  all  of  such  property,  and  any  and 
all  wharf  property  belonging  to  The  City  of  New  York,  as  con- 
stituted by  this  Act,  for  a  term  not  exceeding  ten  years,  and 
covenant  for  renewal  or  renewals  at  advanced  rents  of  such 
leases  for  terms  of  ten  years  each,  but  not  exceeding  in  the  ag- 
gregate fifty  years.  The  Board  of  Docks  may  set  aside,  desig- 
nate and  appropriate  a  suitable  location  on  the  waterfront  in  The 
City  of  New  York,  for  the  sole  use  of  the  oyster  business.  Such 
designation  or  appropriation  shall  be  subject  at  any  time  to 
revocation  by  said  Board. 

399 


Ferries;  Leasing  of. 

Sec.  826.  The  Board  of  Docks  shall  have  power  and  is  au- 
thorized to  lease  in  the  name  of  and  for  the  benefit  of  The  City 
of  New  York,  in  the  manner  provided  by  law,  the  franchise  of 
any  ferry  or  ferries  belonging  to  said  City  for  the  highest  mar- 
ketable price  or  rental,  at  public  auction  or  by  sealed  bids,  and 
always  after  public  advertisement  and  appraisal  under  the 
direction  of  said  Board  but  not  for  a  term  longer  than  ten  years, 
nor  for  a  renewal  for  a  longer  term  than  ten  years,  And  said 
Board  shall  also  possess  the  power  and  is  hereby  authorized  to 
lease,  in  like  manner  along  with  the  franchise  of  a  ferry  or  ferries" 
belonging  to  said  City,  such  wharf  property,  including  wharves, 
piers,  bulkheads  and  structures  thereon  and  slips,  docks  and 
water  fronts  adjacent  thereto,  used  or  required  for  the  purposes 
of  such  ferry  or  ferries,  now  owned  or  possessed,  or  which  may 
hereafter  be  owned  or  acquired  by  said  City,  or  to  which  the 
said  City  is  or  may  become  entitled,  or  of  which  it  may  become 
possessed.  But  said  Board  shall  make  no  lease  authorized  by 
this  Section,  unless  the  terms  of  said  lease  are  approved  by  the 
Commissioners  of  the  Sinking  Fund,  The  proceeds  of  said  leas- 
ing shall  on  receipt  thereof  after  paying  all  necessary  charges  be 
immediately  paid  to  the  credit  of  the  Sinking  Fund.  But  noth- 
ing in  this  section  contained  shall  be  held  to  apply  to  that  por- 
tion of  the  East  River  which  is,  by  law,  exclusively  set  apart  for 
the  use  of  canal  boats  engaged  in  the  transporation  of  freights 
in  the  Hudson  River  coming  to  tidewater  from  the  canals  of 
this  state. 

To  establish  rides  for  government :  penalties. 

Sec.  827.  The  Board  of  Docks  shall  establish  and  enforce 
all  needful  rules  and  regulations  for  the  government  and  proper 
care  of  all  the  property  placed  in  its  charge  and  under  its  control 
by  the  provisions  of  this  chapter,  relating  thereto,  and  shall  fur- 
nish a  copy  of  such  rules  and  regulations  to  all  the  owners  and 
occupants  of  such  property,  and  shall  make  all  needful  orders 
necessary  to  carry  out  the  provisions  of  this  chapter  relating 
thereto  into  effect,  and  fix   penalties  for  disobeying  such    rules, 

400 


regulations,  or  orders,  and  shall  publish  such  orders.  The  viola- 
tion of  or  disobedience  to  any  rule,  regulation  or  order  of  said 
Board  of  Docks,  shall  be  a  misdemeanor,  punishable  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  imprisonment  not 
exceeding  thirty  days,  or  by  both  such  fine  and  imprisonment, 
on  complaint  of  such  Board  of  Docks.  The  penalties  aforesaid 
may  be  recovered  by  suit  in  the  name  of  The  City  of  New  York, 
and  such  suit  shall  be  prosecuted  by  the  Corporation  Counsel 
when  directed  by  the  Board  of  Docks,  and  no  defendant  in  any 
such  suit  shall  be  permitted  to  plead  ignorance  of  any  such  order, 
rule  or  regulation.  All  rents,  fines  and  penalties,  and  all  other 
money  collected  by  said  Board  or  by  its  direction,  shall  belong 
to  the  treasury  or  said  City,  and  be  paid  into  the  sinking  fund 
for  the  redemption  of  the  City  debt.  The  Board  of  Docks  shall 
hold  stated  meetings,  at  times  to  be  specified  in  its  by-laws, 
which  said  Board  shall  prepare  and  may  alter  from  time  to  time. 


Offices  and  officers  :  duties  and  salaries. 

Sec.  828.  The  Board  of  Docks  shall  have  power  to  furnish 
and  supply  offices,  provided  in  accordance  with  law,  for  the  trans- 
action of  the  business  of  the  Department  of  Docks  and  Ferries. 
The  Board  of  Docks  shall  appoint  a  secretary  and  other 
officers,  clerks  and  agents  to  assist  said  Board  in  the  per- 
formance of  its  duties  and  the  exercise  of  its  powers ;  and 
also  the  necessary  employees  for  the  work  of  construction, 
repairs  and  maintenance ;  and  shall  fix  the  compensation 
of  all  persons  so  appointed.  But  the  annual  expenses  of  said 
Department  for  rent,  furniture,  supplies,  and  compensation 
of  secretary  and  subordinate  officers,  clerks,  and  agents  shall 
not  exceed  in  the  aggregate  the  sum  of  one  hundred  thousand 
dollars,  except  with  the  consent  of  the  Commissioners  of  the 
Sinking  Fund.  The  president  of  the  Board  of  Docks  shall  be 
elected  annually  by  the  members  thereof,  and  shall  preside  at  all 
meetings  of  said  Board,  and  in  case  of  his  absence  a  temporary 
president  may  be  elected  by  the  Board  to  preside.  Any  mem- 
ber may  resign  his  office  by  written  resignation  sent  to  the 
Mayor.      If  any  member  of   said  Board  of   Docks  shall   cease  to 

401 


reside  in  The  City  of  New  York,  as  constituted  by  this  Act,  his 
office  as  a  member  of  said  Board  shall  become  vacant. 

Annual  report :  contents. 

Sec.  829.  The  Board  of  Docks  shall  annually  present  to  the 
mayor  of  the  city  a  report  containing ;  1.  The  name,  occupa- 
tion, and  compensation  of  all  officers,  clerks  and  agents  ap- 
pointed and  employed  by  said  Board.  2.  A  statement  of  the 
actions  of  the  Board  of  Docks  for  the  past  year,  classified  with 
reference  to  the  various  subjects  and  duties  which  have  engaged 
its  attention.  3.  A  list  of  the  orders  and  rules  made  by  said 
Board  of  Docks,  and  a  description  of  the  contracts  made  by  said 
Board,  the  payments  made  by  said  Board,  and  the  purposes  and 
amounts  thereof,  and  the  leases  made  by  said  Board,  for  what 
term,  at  what  rent,  to  whom,  and  for  what  property.  Said 
Board  of  Docks  shall  at  the  time  it  presents  its  said  annual  re- 
port to  the  Mayor  also  file  with  the  Civil  Service  Supervisory 
and  Examining  Boards  of  The  City  of  New  York  a  complete 
statement  of  the  name,  address  and  salary,  or  compensation  of 
all  persons  employed  in  any  capacity  by  said  Board  of  Docks, 
which  shall  be  published  in  the  City  Record  and  the  corporation 
newspapers. 

Seal. 

Sec.  830.  The  Board  of  Docks  may  adopt  a  common  seal 
for  said  Department  of  Docks  and  Ferries,  and  direct  its  use. 
Said  seal  shall  be  a  device  of  the  arms  of  The  City  of  New  York 
surrounded  by  the  words,  ' '  Department  of  Docks  and  Ferries. 
The  City  of  New  York,"  engraved  upon  a  metal  disk  two  and 
one-quarter  inches  in  diameter,  and  the  same  may  be  renewed 
whenever  necessary.  An  impression  of  such  seal  made  directly 
on  paper  shall  be  as  valid  as  if  made  on  a  wafer  or  on  wax. 

Every  lease,  contract  or  other  instrument,  executed  in  pur- 
suance of  any  authority  conferred  on  said  Board  of  Docks  by 
law,  and  sealed  with  such  seal,  attested  and  proved  according  to 
law  by  the  secretary  appointed  by  said  Board,  shall  be  received 
in  evidence,  and  may  be  recorded  in  the  proper  recording  offices 
in  the  same  manner  and  with  the  like  effect  as  if  sealed  with  the 

402 


seal   of   the  corporation  of  The  City  of  New  York,  attested  and 
proved  by  the  City  Clerk  thereof. 

Lands  under  water  owned  by  State. 

Sec.  831.      The  Commissioners  of  the  Land  Office  are  hereby 
authorized  to   convey  by  proper  instruments,  in  writing,  neces- 
sary for  the  purpose,  all  the  property,  right,  title  and  interest  of 
the  people  of  the  State  of  New  York,  in  and  to  the   land   under 
water,  which  the  Board   of  Docks  may  deem  necessary  for  the 
construction   of  wharves,  docks,    piers,    bulkheads,    basins,    and 
slips,  under  this  chapter,  whenever  said  Commissioners  may  be  re- 
quired by  said  Board  of  Docks  to  make  such  conveyance  to  The 
City  of  New  York,      But  such  conveyances  shall  be  made  after 
compliance  with  such   reasonable   rules  and   regulations  as  the 
said  Commissioners  of  the   Land  Office  are  now  empowered  to 
make  by  law ;   and  nothing  in  this  chapter  shall  be  so  construed 
as  to  remove  or  limit  the   powers  and  duties   of  the  said  Com- 
missioners as  now  conferred  upon   them   by  the   statutes   of  the 
State  and  as  prescribed  in  other  sections  and  provisions  of  this 
Act. 

May  deepen  water  adjoining  wharf,  etc. 

Sec.  832.  It  shall  be  lawful  for  the  Board  of  Docks  to  order 
and  direct  that  the  water  near  and  adjoining  any  private  wharf, 
pier,  dock,  bulkhead  or  land  within  the  limits  of  The  City  of 
New  York,  be  deepened  by  excavating  or  removing  the  earth, 
mud,  dirt,  or  sand  therefrom,  and  to  cause  the  same  to  be 
done  in  such  places  and  at  such  times  as  the  said  Board  may 
deem  necessary  and  proper. 

Property  and  wharf  property  defined. 

Sec.  833.  The  terms  "property"  and  "  wharf  property  " 
whenever  used  in  this  chapter,  shall  be  taken  to  mean  not  only 
all  wharves,  piers,  docks,  bulkheads,  slips  and  basins,  but  the 
land  beneath  the  same,  and  all  rights,  privileges  and  easements 
appurtenant  thereto,  and  such  upland  or  made  land  adjacent 
to  the  said  wharves,  piers,  docks,  bulkheads,  slips  and  basins, 
jurisdiction    over    which    said   upland   and   made  land    may    be 

403 


assigned  to   the   Department  of  Docks  and  Ferries  by   the  Com- 
missioners of  the  Sinking  Fund. 

Sites  for  floating  baths. 

Sec.  834.  The  Board  of  Docks  shall,  upon  the  requisition  of 
the  Commissioner  of  Public  Buildings,  Lighting  and  Supplies, 
furnish  free  of  charge,  in  the  vicinity  of  such  location  as  shall 
be  designated  by  said  Commissioner  accessible,  convenient,  and 
safe  berths  for  mooring  the  free  floating  baths,  authorized  by 
law. 

Public  markets  and  wharves. 

Sec.  835.  It  shall  be  lawful  for  The  City  of  New  York,  in 
case  it  shall  find  it  necessary,  to  cause  public  markets  to  be 
erected  and  kept  over  the  waters  of  the  East  and  North  riveis 
adjoining  to  any  of  its  docks  or  wharves;  provided,  that  such 
markets  shall  not  interfere  with  the  flow  of  the  waters  of  the 
said  rivers,  nor  be  built  beyond  the  pier  or  bulkhead  line  estab- 
lished by  law. 

Docks  to  be  set  apart  for  Street  Cleaning  Department  and  Board 
of  Health. 

Sec.  836.  The  Board  of  Docks  shall  designate  and  set  apart 
for  the  use  of  the  Department  of  Street  Cleaning,  the  Board  of 
Health  and  other  City  Departments,  suitable  and  sufficient 
wharves,  piers,  bulkheads,  slips  and  berths  in  slips  for  the  use 
of  said  Departments. 

Setting  apart  piers  for  recreation. 

Sec.  837.  The  Board  of  Docks  is  hereby  authorized  to  set 
apart  the  following  piers  in  The  City  of  New  York  to  wit :  A  pier 
at  or  near  the  foot  of  Perry  street,  on  the  Hudson  river,  and 
such  other  piers  along  the  Hudson  river  water  front  and  the 
East  river  water-front  of  the  said  city,  as  the  said  Board  of 
Docks  shall  deem,  from  time  to  time,  necessary  for  the  use  of 
the  inhabitants  of  The  City  of  New  York,  as  hereinafter  provided, 
and  for  the  convenience  of  dealers  in  country  produce  and  other 
merchandise  transported  to  The  City  of  New  York  for  sale. 

404 


The  purpose  of  this  section  is  to  afford  the  inhabitants  of 
The  City  of  New  York  greater  opportunity  for  healthful  recrea- 
tion than  they  now  possess,  and  to  accomplish  such  end  the 
said  Board  of  Docks  is  hereby  authorized  to  construct  or  rebuild 
the  piers  set  apart  under  the  provisions  of  this  section  for  public 
use  in  such  manner  as  shall  provide  a  platform  or  upper  story 
thereof,  and  the  approaches  thereto  shall  be  constructed  under 
the  direction  of  a  skilled  architect,  who  shall  be  employed  by 
said  Board  of  Docks  for  that  purpose.  The  intention  hereof 
being  to  permit  the  upper  story  of  each  one  of  the  piers  herein 
authorized  to  be  set  apart  for  public  use  wholly  free  to  the 
inhabitants  of  said  city  for  the  purpose  aforesaid  without  inter- 
ference with  business  occupations,  and  the  said  piers  on  the 
lower  stories  thereof  shall  be  open  to  use  to  boats  and  vessels 
plying  upon  canals,  rivers  and  lakes  of  this  State  which  may 
bring  merchandise  to  the  city  for  sale  therein.  The  occupation 
of  positions  by  boats  at  the  piers  herein  mentioned  shall  be 
under  the  control  of  the  Board  of  Docks,  and  order  shall  be 
maintained  by  the  Police  authorities  of  The  City  of  New  York 
in  and  around  such  portions  of  the  said  docks  as  may  be  set 
apart  for  recreation  purposes  aforesaid.  Except  as  hereinbefore 
provided,  no  wharf,  pier,  bulkhead  or  shed  shall  be  required  by 
the  Board  of  Docks  to  be  so  constructed  as  to  admit  of  the  free 
public  use  of  the  roof  thereof  for  purposes  of  resort  and  recreation. 

Water-front  to  be  set  apart  for  use  of  Fire  Department. 

Sec.  838.  The  Board  of  Docks,  with  the  consent  and 
approval  of  the  Commissioners  of  the  Sinking  Fund,  is  hereby 
authorized  to  set  apart,  for  the  permanent  and  exclusive  use  of 
the  Fire  Department  of  The  City  of  New  York,  so  much  of  the 
water  front  owned  by  said  City  as  shall  be  deemed  necessary  for 
the  exclusive  use  of  the  said  Fire  Department  of  The  City  of 
New  York. 


405 


Title  2. 

piers,  slips  and  wharfage. 

Sheds  for  protection  of  property  upon  piers  or  bulkheads :  construc- 
tion of  the  same  regulated  by  Board  of  Docks. 

Sec.  844.     Whenever  any  person,  company  or  corporation, 
engaged  in  the  business  of  steam  transportation,  shall  be  owner 
or  lessee   of  any  pier  or  bulkhead    in    The  City   of   New  York, 
and  shall  use  and    employ  the  same  for   the    purpose  of   regu- 
larly receiving    and  discharging  cargo   thereat,  it    shall    be  law- 
ful   for  such  owner  or    for  such  lessee,   with  the  consent  of  the 
lessor,   to    erect    and    maintain,    upon    such    pier    or   bulkhead, 
sheds    for    the    protection    of    property    so    received     or    dis- 
charged,  provided  they  shall  have  obtained   from  the  Board  of 
Docks,  in  said  city,  license  or  authority  to  erect  or  maintain  the 
same,  and  subject  to  the  conditions  and  restrictions  contained  in 
such  license   or  authority ;   but   when  such  license  or  authority 
has  been  granted   and  has  been  acted  upon,  it  shall  not  be  re- 
voked   by  said   Board  without   the   consent  in   writing    of    the 
Mayor  and  of  the  Commissioners  of  the  Sinking  Fund,  after  due 
hearing    of   such  licensee.      All  sheds   or  structures  erected  or 
maintained  upon  any  wharf  or  pier  in  the  City  of  New  York,  as 
heretofore  known   and  bounded,    under  any  license  or  permit 
heretofore  granted  by  the  Department  of  Docks  of  said  city,  or 
hereafter  erected  or  maintained  upon  any  wharf  or  pier  in  The 
City    of    New    York,    under    any    license    or    permit     granted 
by    the    Board    of    Docks    of    said     city,    are    declared    to  be 
lawful    structures,    subject    to    the    terms   and     conditions    of 
the  license  or  permit  authorizing  the  same.      Such  sheds  here- 
after   shall     be    constructed     subject    to    the    regulations    and 
under  the  authority  of  the  Board  of  Docks.     Any  such  owner  or 
lessee  of  a  pier,  or  of  a  pier  and  bulkhead,  or  a  part  thereof,  in 
respect  to  which  the   Board   of  Docks  shall  have  granted  the 
license  or  authority  herein  specified,  shall  be  entitled  to  the  use 
of  the  premises  so  owned  or  leased  by  them  and  no  vessel  shall 
be  placed  in  any  berth  on  such  pier,  or  bulkhead,  or  part  there- 
of, without    the    consent  of    such  owner   or  lessee,   during  the 

406 


continuance  of  such  license.  The  Board  of  Docks  shall  have 
power  to  build  the  above  structures  on  any  wharf  or  bulkhead 
velonging  to  The  City  of  New  York,  and  shall  have  power  to 
ease  the  same ;  and  any  lessee  thereof  shall  have  all  the  rights 
and  privileges  above  granted.  Provided  that  all  sheds  or  struct- 
ures lawfully  erected  or  maintained  at  the  time  this  Act  takes 
effect  upon  any  wharf  or  pier  in  any  part  of  the  territory  em- 
braced within  The  City  of  New  York,  as  constituted  by  this 
Act,  are  hereby  declared  to  be  lawful  structures. 

Wharves,  slips,   etc.,    not  to  be  used  as  dumping  grounds. 

Sec.  845.  It  shall  not  be  lawful  to  permit  the  use  as  a  dump- 
ing ground  of  any  wharf,  pier  or  slip,  or  bulkhead  adjacent 
thereto  in  the  navigable  waters  of  the  East  River,  in  The  City 
of  New  York,  which  has  heretofore  been  used  for  the  load- 
ing and  discharging  of  sailing  vessels  regularly  employed  in 
foreign  commerce  and  having  a  draught  of  more  than  eighteen 
feet  of  water. 

Storehouses,  booths,  shops,  etc.,  on  sheds  not  authorized. 

Sec.  846.  Nothing  in  the  two  preceding  sections  contained 
shall  be  construed  to  authorize  the  erection  or  maintenance  on 
any  pier  of  any  storehouses,  booths,  shops,  or  other  structures 
than  the  sheds  mentioned  in  the  last  section  but  one,  with  the 
proper  doors  and  gates  appertaining  thereto,  nor  to  impair  any 
powers  conferred  upon  the  Board  of  Docks,  except  as  provided 
by  said  section. 

Offices  abolished. 

Sec.  847.  The  offices  of  Captain  of  the  Port  of  New  York  and 
of  harbor  masters  of  the  port  of  New  York  are  hereby  abolished. 
The  Dock  Masters  appointed  by  the  Board  of  Docks  of  The 
City  of  New  York,  as  constituted  by  this  act,  shall  be  vested  with 
all  the  powers  and  shall  perform  all  the  duties  conferred  or  im- 
posed upon  the  Dock  Masters  appointed  by  the  Commissioners  of 
Docks  of  the  City  of  New  York,  as  heretofore  known  and  bounded, 
by  Chapter  199  of  the  laws  of  1888  and  the  acts  amendatory 
thereof,  and  supplementary  thereto. 

407 


Dock  Masters :  certain  powers  of 

Sec.  848.  The  Dock  Masters  appointed  by  the  Board  of  Docks 
of  The  City  of  New  York  shall  be  vested  with  all  the  powers  and 
perform  all  the  duties  conferred  on  or  imposed  upon  the  Harbor 
Masters  of  the  Port  of  New  York  by  a  certain  act,  entitled,  "An 
"  Act  to  provide  for  the  appointment  of  a  Captain  of  the  Port 
"  of  New  York,  and  harbor-masters  of  the  Port  of  New  York, 
**  and  defining  and  regulating  the  powers  and  duties  and 
"  compensation  of  said  officers,  and  repealing  chapter  four 
"  hundred  and  eighty-seven  of  the  Laws  of  eighteen  hun- 
"  dred  and  sixty-two,"  passed  May  4,  1883,  and  known  as  chap- 
ter three  hundred  and  fifty-seven  of  the  laws  of  eighteen  hun- 
dred and  eighty-three. 

Nothing  in  this  section  contained  shall  entitle  the  said  Dock 
Masters  to  any  additional  compensation  for  performing  the 
duties  and  exercising  the  powers  hereby  imposed  and  conferred. 
Each  of  said  Dock  Masters  shall  personally  perform  the  duties 
assigned  to  him  by  the  Board  of  Docks.  He  shall  not  appoint 
any  deputy,  or  assistant,  or  delegate  the  powers  of  his  office  to 
any  person  or  persons  whatever.  He  shall  not  collect  any  fees 
except  such  as  are  now  or  may  be  authorized  by  law,  and  which 
shall  be  specified  by  the  Board  of  Docks.  He  shall  not  take  or 
receive,  directly  or  indirectly,  any  money,  or  value,  thing,  or 
compensation  for  his  services,  or  on  account  of  the  exercise  of 
his  powers  of  office,  except  as  now  provided,  or  which  may  here- 
after be  provided,  by  law  and  the  regulations  of  the  Board  of 
Docks. 

Any  Dock  Master  violating  any  of  the  provisions  of  this  sec- 
tion shall,  upon  conviction  thereof  by  any  court  of  record,  be 
punished  by  a  fine  of  five  hundred  dollars,  and  in  addition  thereto 
may,  in  the  discretion  of  the  Court,  be  imprisoned  in  the  County 
Jail  for  a  term  not  exceeding  thirty  days. 

Removal  of  obstructions,   etc.,  from  piers,  etc. 

Sec.  849.  Whenever  any  pier,  wharf,  or  bulkhead  in  The 
City  of  New  York,  shall  be  incumbered  or  obstructed  in  its 
free  use  by  merchandise,  or  by  any  material  not  affixed  to 
such   pier,   wharf,   or  bulkhead,   the  Board   of    Docks    is    here- 

408 


by  authorized  to  require  the  owner,  consignee  or  person  in 
charge  of  such  merchandise  or  material,  to  remove  the  same 
without  any  unnecessary  delay,  and  the  said  Board  shall  have 
power,  from  time  to  time,  to  make  such  general  rules  and  regu- 
lations and  give  such  directions  as  will  secure  dispatch  in  load- 
ing and  unloading  vessels,  and  the  prompt  removal  of  the  same 
from  the  piers  as  soon  as  completed,  and  also  such  as  shall  be 
necessary  to  prevent  any  unnecessary  accumulation  of  freight  or 
merchandise  upon  any  pier  or  wharf,  while  any  vessel  shall  be 
engaged  in  receiving  or  discharging  her  cargo ;  provided,  how- 
ever, that  the  power  hereinbefore  conferred  shall  not  be  exer- 
cised in  reference  to  any  obstruction  or  incumbrance  upon  any 
pier  or  wharf  occupied  by  any  regular  line  of  steamboats  or 
steamships,  or  by  any  railroad  company,  except  upon  the  writ- 
ten request  of  the  occupant  or  lessee  of  such  pier  or  wharf. 

Expense  of  carrying  out  last  section. 

Sec.  850.  Whenever  the  Board  of  Docks  shall  make  any  or- 
der to  give  any  direction  in  pursuance  of  the  power  conferred 
by  the  last  preceding  section,  it  shall  be  the  duty  of  the  owner, 
consignee  or  person  in  charge  of  the  merchandise,  property,  or 
vessel  in  reference  to  which  such  order  or  direction  is  given,  to 
comply  with  the  same  without  any  unreasonable  delay,  or,  in 
default  thereof,  the  said  Board  of  Docks  may  employ  such 
laborers  and  assistance  as  may  be  necessary  to  carry  out  such 
order  or  direction,  by  the  removal  of  the  material,  merchandise, 
or  vessel  in  reference  to  which  the  same  was  given ;  and  all  ex- 
penses actually  and  necessarily  incurred  in  effecting  such  re- 
moval shall  be  paid  by  the  owner,  consignee,  or  person  in  charge 
of  the  material,  merchandise,  or  vessel  so  removed,  and  the 
amount  thereof  shall  be  a  lien  upon  the  same  in  favor  of  the 
Board  of  Docks  and  may  be  enforced  in  the  same  manner  and 
by  the  same  proceedings  as  liens  on  vessels  are  enforced  by 
warrant  of  attachment,  under  and  pursuant  to  the  provisions  of 
the  Act  entitled  "An  Act  to  provide  for  the  collection  of  de- 
mands against  ships  and  vessels,"  passed  April  twenty-fourth, 
eighteen  hundred  and  sixty-two,  and  all  the  provisions  of  said 
Act,  so  far  as  the  same  can  be  made  applicable,  shall  apply  to 

409 


the  Hens  hereby  created;  and  the  said  Board  shall,  for  the  pur- 
poses of  this  section,  be  deemed  a  creditor  of  said  owner,  con- 
signee, or  person  in  charge,  and  each  of  them,  for  the  amount 
of  the  expenses  so  incurred,  and  may  have  and  maintain  an 
action  against  them,  or  either  of  them,  to  recover  the  same. 

Removal  of  obstructions,  continued. 

Sec.  851.  Whenever  any  pier  or  bulkhead  or  marginal 
street,  wharf  or  place  in  The  City  of  New  York,  shall  be 
incumbered,  or  its  free  use  interfered  with  by  merchandise, 
lumber,  trucks,  wagons  or  any  other  obstruction,  whether 
of  loose  materials  or  built  upon  or  affixed  to  the  pier  or  bulk- 
head or  marginal  street,  wharf  or  place  without  authority  of 
law,  it  shall  be  the  duty  of  the  Board  of  Docks  to  notify  the 
person  or  persons  placing  or  keeping  such  merchandise  or  other 
obstructions  on  such  pier  or  bulkhead  or  marginal  street,  wharf 
or  place,  to  remove  such  merchandise  or  other  obstructions  within 
twenty-four  hours  after  such  notice ;  and  in  case  of  failure  to 
comply  with  such  notice  and  to  remove  such  merchandise  or  ob- 
struction, the  person  or  persons  so  notified  shall  be  liable  to  pay 
to  the  Board  of  Docks  the  sum  of  twenty-five  dollars  for  each  and 
every  day  during  which  such  merchandise  or  obstruction  shall  re- 
main on  such  pier  or  bulkhead  or  marginal  street,  wharf  or  place. 
And  the  Board  of  Docks  shall  have  power,  in  its  discretion,  to 
remove  any  merchandise,  lumber,  trucks,  wagons  or  any  other 
obstruction  so  incumbering  any  pier  or  bulkhead,  or  marginal 
street,  wharf  or  place,  and  to  store  the  same  in  a  warehouse  or 
other  proper  receptacle,  and  a  sum  equal  to  the  amount  of  the 
expenses  of  removal,  together  with  the  charges  for  storage,  shall 
be  paid  by  the  owner  of  such  merchandise  to  the  Board  of 
Docks,  and  shall  be  a  lien  on  such  merchandise  until  paid. 

Storage  of  obstructions. 

Sec.  852.  Whenever  merchandise  discharged  from  a  vessel 
and  incumbering  a  bulkhead  or  pier,  in  the  port  of  New  York, 
shall  not,  in  the  judgment  of  the  said  Board  of  Docks,  be  of  suf- 
ficient value  to  pay  the  expenses  of  removal  and  storage,  as  pro- 

410 


vided  in  the  last  preceding  section,  such  merchandise  shall  be 
removed  and  stored  at  the  expense  of  the  owner,  consignee,  or 
master  of  the  ship  or  vessel  from  which  such  merchandise  shall 
have  been  discharged. 

Unclaimed  merchandise  to  be  advertised. 

Sec.  853.  At  the  expiration  of  every  six  months  it  shall  be 
the  duty  of  said  Board  of  Docks  to  advertise,  for  one  week  in  the 
City  Record  and  the  corporation  newspapers  the  merchandise, 
lumber,  trucks,  wagons  or  other  obstruction  which  they  have 
stored  and  which  has  remained  unclaimed,  setting  forth  the 
marks  and  numbers  of  each  package,  or  parcel,  the  description 
of  the  merchandise,  or  material,  the  pier  whence  such  merchan- 
dise was  removed,  and  the  date  of  such  removal,  and  if  any  of 
such  merchandise  or  material  so  advertised  shall  remain  there- 
after unclaimed  for  three  months,  said  Board  of  Docks  may 
then  sell  the  same,  after  further  advertisement  for  one  week 
in  the  City  Record  and  the  corporation  newspapers,  at  public 
auction,  to  the  highest  bidder,  to  pay  the  expenses  which  have 
been  incurred  on  such  merchandise,  lumber,  trucks,  wagons  or 
other  obstruction,  and  the  remainder  shall  be  held  in  trust  by 
the  said  Board  for  the  owner  or  owners  thereof,  for  twelve 
months,  when,  if  not  claimed,  it  shall  be  paid  over  to  the  Com- 
missioners of  the  Sinking  Fund. 

Canal  boats  :  territory  appropriated  to. 

Sec.  854.  All  that  part  of  the  water  adjacent  to  the  wharves 
of  the  City  of  New  York,  as  heretofore  known  and  bounded, 
from  the  west  side  of  pier  number  three,  to  and  including  the 
east  side  of  pier  number  eight.  East  river,  shall  hereafter  from 
the  twentieth  day  of  March  to  the  thirty-first  day  of  December 
in  each  year,  be  set  apart,  kept,  and  reserved  for  the  exclusive 
use  and  accommodation  of  canal  boats  and  barges  engaged  in 
the  business  of  transporting  property  on  the  Hudson  river,  or 
coming  to  tide  water  from  the  canals  of  the  State,  arriving  in 
said  city  from  the  City  of  Albany  or  any  part  or  place  north  or 
west   thereof,  and    for   the  use  of  lighters  engaged  in  loading  or 

411 


unloading  such  boats  or  barges ;  and  it  shall  be  the  duty  of  the 
Board  of  Docks  and  of  all  officers  who  now  are  or  hereafter  shall 
be  empowered  by  law,  or  by  any  ordinance  of  The  City  of  New 
York,  as  constituted  by  this  Act,  to  regulate  or  station  ships 
and  vessels  in  the  harbor  of  said  city,  to  prohibit,  and  prevent 
alljother  boats,  ships,  or  vessels  from  entering  any  of  the  slips 
or  approaching  or  lying  at  any  of  the  wharves  between  the  piers 
aforesaid,  during  the  period  above  specified,  when  such  slips  or 
the  wharves  connected  therewith  shall  be  required  for  the  use 
and  accommodation  of  the  canal  boats  and  barges  hereinbefore 
mentioned ;  and  the  said  Board  of  Docks,  or  other  officers, 
aforesaid,  shall  assign  such  other  accommodations  for  said  canal 
boats  and  barges  in  other  parts  of  the  port  of  New  York,  as 
may,  from  time  to  time,  be  necessary  in  receiving  or  discharging 
their  cargoes. 

Derricks  for  unloading  canal  boats  authorized. 

Sec.  855.  It  shall  be  lawful  for  the  proprietors  of  any  regular 
line  of  canal  boats  or  barges  using  the  waters  within  the  limits 
aforesaid,  or  any  other  limits  to  which  they  may  be  assigned,  as 
provided  in  the  preceding  section,  to  erect  and  maintain  upon 
any  of  the  piers,  or  wharves  adjacent  thereto,  suitable  derricks, 
to  be  used  by  said  proprietors  and  their  employees  inUoading  and 
unloading  said  canal  boats  and  barges ;  no  derrick  or  structure  so 
erected  shall  be  deemed  an  obstruction  or  incumbrance  upon 
such  pier  or  wharf,  within  the  meaning  of  any  statute  or  ordi- 
nance prohibiting  the  incumbering  or  obstructing  any  such  pier 
or  wharf,  or  authorizing  the  removal  of  obstructions  or  incum- 
brances upon  the  same. 

Occupation  of  waters  by  ships  not  entitled  thereto. 

Sec.  856.  Whenever  any  portion  of  the  waters  mentioned  in 
the  last  section  but  one  shall  be  occupied  by  any  ship  or  vessel  not 
entitled  to  occupy  the  same  according  to  the  provisions  of  that 
section,  and  the  proprietor  or  proprietors  or  person  in  charge  of 
any  of  the  canal  boats  or  barges  specified  in  said  section,  shall 
desire  to  use  the  berth  or  slip  occupied  by  such  ship  or  vessel,  it 
shall   be   the  duty  of    said   Board   of  Docks,   upon  the  request 

412 


of  the  proprietor  or  consignee  or  person  in  charge  of  said  cana\ 
boat  or  barge  forthwith  to  remove  such  ship  or  vessel  as  far  as 
may  be  necessary  to  accomodate  such  canal  boat  or  barge.  If 
the  said  Board  of  Docks  to  which  such  request  is  made  shall 
neglect  or  refuse  to  comply  with  the  same,  the  members  thereof 
shall,  for  each  such  neglect,  or  refusal,  jointly  forfeit  and  pay 
to  the  proprietor  or  proprietors  of  the  canal  boat  or  barge,  in 
reference  to  which  request  was  made,  the  sum  of  fifty  dollars, 
to  be  sued  for  and  recovered  by  and  in  the  name  of  such  pro- 
prietor or  proprietors,  for  his  or  their  use  and  benefit  in  any 
court  of  competent  jurisdiction. 

Failure  to  remove  when  ordered :  penalty. 

Sec.  857.  Any  person  in  command  or  in  charge  of  any  ship 
or  vessel  which  the  Board  of  Docks  is  authorized  and  required 
to  remove,  as  specified  in  the  last  preceding  section,  who  shall 
neglect  or  refuse  to  comply  with  any  order  or  direction  of  the 
said  Board  in  reference  to  the  removal  thereof,  or  who  shall  re- 
sist or  obstruct  the  removal  of  such  ship  or  vessel,  shall,  for 
every  such  offence,  forfeit  and  pay  the  sum  of  fifty  dollars,  to  be 
sued  for  and  recovered,  with  costs,  by  and  in  the  name  of 
said    Board    of    Docks  in  any  court  of  competent  jurisdiction. 

Certain  docks  and  piers  set  apart  for  garden  produce. 

Sec.  858.  The  docks,  piers  and  bulkheads  on  the  Hudson 
river  from  Gansevoort  street  to  Little  West  Twelfth  street,  shall 
be  set  apart  by  the  Board  of  Docks,  or  such  department  as  shall 
have  control  thereof,  and  kept  for  the  use  of  boats,  barges  and 
other  vessels  engaged  in  the  business  of  transporting  farm  and 
garden  produce,  at  such  rates  of  wharfage  as  have  been,  or  shall 
be  lawfully  established,  and  said  Board  of  Docks,  or  other  de- 
partment, having  control  of  said  docks,  piers  and  bulkheads, 
may,  from  time  to  time,  when  said  docks,  piers  or  bulkheads  are 
not  in  actual  use  for  the  purposes  above  mentioned,  allow  the 
same  to  be  used  for  other  and  additional  purposes,  and  they  are 
hereby  authorized  and  empowered  at  any  such  time  to  designate 
and  appropriate  any  or  all  of  said  docks,  piers  or  bulkheads  for 

413 


any  public  or  general  use,  and  such  designation  or  appropriation 
shall  be  subject  at  any  time  to  revocation  by  said  Board  or  de- 
partment making  the  same. 

Wharfage  and  dockage  rates  enumerated. 

Sec.  859,  It  shall  be  lawful  to  charge  and  receive,  within 
The  City  of  New  York,  wharfage  and  dockage  at  the  fol- 
lowing rates,  namely :  From  every  vessel  that  uses  or  makes 
fast  to  any  pier,  wharf,  or  bulkhead  within  said  city  or 
makes  fast  to  any  vessel  lying  at  such  pier,  wharf,  or  bulk- 
head, or  to  any  other  vessel  lying  outside  of  such  vessel, 
for  every  day  or  part  of  a  day,  except  as  hereinafter  provided, 
as  follows :  From  every  vessel  of  two  hundred  tons  bur- 
den and  under,  two  cents  per  ton :  and  for  every  vessel  over 
two  hundred  tons  burden,  two  cents  per  ton  for  each  of  the 
first  two  hundred  tons  burden,  and  one-half  of  one  cent  per 
ton  for  every  additional  ton,  except  that,  save  as  hereinafter 
provided,  vessels  known  as  North  River  barges,  market  boats 
and  barges,  sloops  employed  upon  the  rivers  and  waters  of 
this  State,  and  schooners  exclusively  employed  upon  the 
rivers  and  waters  of  this  State  shall  pay  for  every  such  ves- 
sel under  the  burden  of  fifty  tons,  at  the  rate  of  fifty 
cents  per  day ;  for  every  such  vessel  of  the  burden  of  fifty 
tons,  and  under  the  burden  of  one  hundred  tons,  at  the  rate 
of  sixty-two  and  a  half  cents  per  day ;  for  every  such  vessel 
of  the  burden  of  one  hundred  tons,  and  under  the  burden  of  one 
hundred  and  fifty  tons,  at  the  rate  of  seventy-five  cents  per  day; 
for  every  such  vessel  of  the  burden  of  one  hundred  and  fifty  tons, 
and  under  the  burden  of  two  hundred  tons,  at  the  rate  of  eighty- 
seven  and  a  half  cents  per  day ;  and  for  every  such  vessel  of  the 
burden  of  two  hundred  tons,  and  under  the  burden  of  two  hun- 
dred and  fifty  tons,  at  the  rate  of  one  hundred  cents  per  day, 
for  every  such  vessel  of  the  burden  of  two  hundred  and  fifty  tons, 
and  under  the  burden  of  three  hundred  tons,  at  the  rate  of  one 
hundred  and  twelve  and  a  half  cents  per  day ;  for  every  such 
vessel  of  the  burden  of  three  hundred  tons,  and  under  the  bur- 
den of  three  hundred  and  fifty  tons,  at  the  rate  of  one  hundred 
and  twenty-five  cents  per  day ;   for  every  such  vessel  of  the  bur- 

414 


den   of  three   hundred   and   fifty  tons,  and  under  the  burden  of 
four  hundred  tons  at  the  rate  of  one  hundred  and  thirty-seven 
and  a  half  cents  per  day ;    for  every  such  vessel  of  the  burden  of 
four  hundred  tons,  and   under  the  burden  of  four  hundred  and 
fifty  tons,  at   the  rate  of  one  dollar  and  fifty  cents  per  day ;   for 
every   such   vessel  of  the  burden  of  four  hundred  and  fifty  tons, 
and    under  the  burden   of   five  hundred  tons,  at  the  rate  of  one 
hundred  and  sixty-two  and  a  half  cents  per  day ;    for  every  such 
vessel  of  the  burden  of  five  hundred  tons,   and  under  the  burden 
of   five   hundred   and  fifty  tons,  at  the  rate  of  one  hundred  and 
seventy-five   cents   per  day ;    for  every  such  vessel  of  the  burden 
of  five  hundred  and  fifty  tons,  and  under  the  burden  of  six  hun- 
dred  tons,  at    the  rate  of  one   hundred    ^nd    eighty-seven  and 
one-half  cents   per  day ;   for  every  such  vessel  of  the  burden  of 
six  hundred  tons  and  upwards,  to  pay  twelve  and  a  half  cents,  in 
addition   for  every  fifty  tons  in   addition   to  the  rate  last  men- 
tioned,   for  every  day  such   ship  or  vessel  shall  use  or  be  made 
fast   to  any  of  the  said  wharves ;   but  no  boat  or  vessel  over  fifty 
tons  burden  shall  pay  less  than  fifty  cents  for  a  day  or  a  part  of 
a  day,  and  the  class  of  sailing  vessels  now  known  as  lighters  shall 
be  at  one-half  the  first  above  rates.      Every  other  vessel  making 
fast  to  a  vessel  at  any  pier,  wharf,  or  bulkhead  within  said  city, 
or  to  another  vessel  outside  of  such  vessel,  or  at  an  anchor  within 
any  slip  or  basin,   when  not   receiving  or  discharging  cargo  or 
ballast,   one-half  the  first  above  rates;   and  from  every  vessel  or 
floating  structure,    other  than  those   above  named,  or  used  for 
transportation   of  freight  or  passengers,    double  the  first  above 
rates,   except  that  floating  grain  elevators  shall  pay  one-half  the 
first  above  rates ;  and  every  vessel  that  shall  leave  a  pier,  wharf, 
bulkhead,  slip  or  basin,  without  first  paying  the  wharfage  or  dock- 
age due  thereon,  after  being  demanded  of  the  owner,  consignee, 
or  person   in   charge  of  the  vessel,  shall  be  liable  to  pay  double 
the  rates  established  by  this  section. 

Id.:  on  vessels  in  clam  or  oyster  trade. 

Sec.  860.  Vessels  of  two  hundred  tons  burden,  and  under, 
which  shall  be  actually  engaged  in  the  clam  or  oyster  trade,  and 
which  shall  make  fast  to  any  pier,  wharf  or  bulkhead  within  The 

415 


City  of  New  York,  shall  pay  one  and  one-half  cents  per 
ton  per  day,  and  every  such  vessel  which  shall  make  fast 
to  another  vessel  lying  at  any  such  pier,  wharf  or  bulkhead, 
or  to  any  vessel  lying  outside  of  such  vessel,  or  that  shall 
anchor  within  any  slip  or  basin  in  said  city  shall  pay  one 
cent  per  ton  per  day ;  provided,  however,  that  no  vessel 
shall  pay  less  than  twenty-five  cents  nor  less  than  one  day's 
wharfage,  nor  shall  more  than  one  day's  wharfage  be  charged 
unless  for  a  continuous  use  of  the  pier,  wharf,  bulkhead,  slip  or 
basin  of  more  than  twenty-four  hours.  The  Board  of  Docks 
may  grant  permits  for  vessels  or  floating  structures  engaged  in 
the  oyster  business  and  used  for  the  receipt,  preparation  and 
opening  of  oysters  and  other  shell-fish  to  remain  continuously 
moored  to  or  at  any  of  the  docks,  piers  and  bulkheads  within 
The  City  of  New  York,  not  otherwise  specifically  appro- 
priated by  law  to  the  sole  use  of  other  kinds  of  com- 
merce, upon  such  terms  as  to  wharfage  and  otherwise,  and 
subject  to  such  regulations  as  said  Board  may  prescribe. 
All  permits  so  granted  by  such  board  shall  be  subject  at 
any  time  to  revocation  by  it.  Upon  any  such  permit 
being  granted  the  person  or  persons,  or  corporation  receiving 
the  same,  shall  be  entitled  to  moor  such  vessels  or  floating  struc- 
tures, continuously  and  until  such  permit  shall  be  revoked,  to  or 
at  the  dock,  pier  or  bulkhead  designated  in  such  permit  for  that 
purpose  subject  to  the  terms  of  such  permit ;  provided,  however, 
that  where  The  City  of  New  York,  is  not  the  owner  of  the 
dock,  pier  or"bulkhead  designated  in  such  permit,  the  consent 
of  the  owner  or  owners  of  the  same,  or  of  the  person  or  persons 
entitled  to  collect  wharfage  therefrom,  shall  have  been  obtained. 

Id. :  canal  boats  and  vessels  carrying  brick. 

Sec.  861.  Every  canal  boat,  and  any  vessel  engaged  in 
freighting  brick  on  the  Hudson  river  occupying  a  berth  next  to 
any  pier,  wharf,  or  bulkhead  in  The  City  of  New  York, 
and  engaged  in  delivering  cargo  upon  said  pier,  wharf, 
or  bulkhead,  or  receiving  cargo  therefrom,  shall  pay  wharf- 
age at  the  rate  of  fifty  cents  for  every  day  or  part  of  a 
day  while   so   engaged ;    but  when   unloaded   such   canal   boats 

416 


or  vessels  aforesaid  shall  pay  wharfage  at  the  rate  of  thirty 
cents  per  day  or  part  thereof;  but  no  canal  boat  or  vessel 
lying  in  any  slip  between  two  adjacent  piers  shall  be  required  to 
pay  full  wharfage  to  the  owners  or  lessees  of  both  said  piers  for 
the  same  day,  notwithstanding  such  canal  boat  or  barge  may, 
during  said  day,  have  changed  her  location  between  said  piers ; 
provided  that  they  shall  pay  one-half  rates  to  each  owner  or 
lessee  when  they  have  changed  their  locations  between  said 
piers;  and  the  word  "day,"  whenever  it  occurs  in  this  and  the 
last  preceding  section,  shall  be  taken  and  construed  to  mean 
twenty-four  hours. 

Rates  for  goods,  etc. ,  remaining  on  pier  or  wharf. 

Sec.  862.  It  shall  be  lawful  for  the  owners  or  lessees  of  any 
pier,  wharf,  or  bulkhead  within  The  City  of  New  York, 
to  charge  and  collect  the  sum  of  five  cents  per  ton  on 
all  goods,  merchandise,  and  materials  remaining  on  the 
pier,  wharf,  or  bulkhead  owned  or  leased  by  him,  for  every 
day  after  the  expiration  of  twenty-four  hours  from  the 
time  such  goods,  merchandise,  and  materials  shall  have  been 
left  or  deposited  on  such  pier,  wharf,  or  bulkhead,  and  the 
same  shall  be  a  lien  thereon. 

Rates  to  he  printed  in  wharfage  bills. 

Sec.  863.  It  shall  be  the  duty  of  every  person  owning  or 
having  charge  of  any  pier,  wharf,  bulkhead,  or  slip  in  The  City 
of  New  York,  to  cause  to  be  printed  on  the  backs  of  all 
bills,  presented  by  them  for  wharfage,  section  859  of 
this  Act,  and  the  owner,  consignee,  or  person  in  charge 
of  any  vessel  shall  not  be  required  to  pay  the  wharfage 
or  dockage  due  on  such  vessel,  unless  upon  his  demand 
the  bill  printed  in  conformity  with  this  section  is  pre- 
sented to  him.  Any  person  owning  or  having  charge  of  any 
pier,  wharf,  bulkhead,  or  slip  as  aforesaid,  who  shall  receive  for 
wharfage  any  rates  in  excess  of  those  now  authorized  by  law, 
shall  forfeit  to  the  party  aggrieved  treble  the  amount  so  charged 
as  damages,  to  be  sued  for  and  recovered  by  the  party  aggrieved. 

417 


What  waters  included  in  port  of  New  York. 

Sec.  864.  The  port  of  New  York,  wherever  the  same  is 
mentioned  or  referred  to  in  this  Chapter,  shall  be  deemed  and 
taken  to  include,  unless  otherwise  expressly  stated,  all  the  waters 
of  the  North  river  and  East  river  and  the  harbor  embraced 
within  or  adjacent  to  or  opposite  to  the  shores  of  The  City  of 
New  York,  as  constituted  by  this  Act. 

Additional  accommodations  for  canal  boats. 

Sec.  865.  The  Board  of  Docks  shall,  in  addition  to  the 
piers  and  waters  especially  assigned  thereto  by  law,  assign  such 
accommodations  for  canal  boats  and  barges  engaged  in  the  busi- 
ness of  transporting  property  on  the  Hudson  river,  or  coming  to 
tide  water  from  the  canals  of  the  State,  or  arriving  in  said  port 
from  Albany  or  any  place  north  or  west  thereof,  as  may  from 
time  to  time  be  necessary  in  receiving  and  discharging  their 
cargoes. 

Penalty  for  vessels  wrongfully  entering  canal  boat  territory. 

Sec.  866.  No  vessel,  other  than  canal  boats,  barges  or 
lighters  receiving  or  delivering  property  from  or  to  said  canal 
boats  or  barges,  shall  use  or  enter  into  for  the  purpose  of 
using  any  part  of  the  port  of  New  York  set  apart  for  the  use 
of  canal  boats  and  barges  without  the  written  consent  of  the 
Board  of  Docks  had  and  obtained  therefor,  and  then  only 
between  the  first  day  of  January  and  twentieth  day  of  March 
in  each  year,  and  when  not  occupied  by  canal  boats,  under  a 
penalty  of  one  hundred  dollars  for  every  day  that  such  vessel 
shall  remain  in  said  part  of  said  port  so  set  apart  after  being 
notified  to  leave  by  the  said  Board,  and  said  penalty  shall  be 
a  lien  upon  any  such  vessel,  and  be  enforced  by  proceedings 
against  it,  instituted  by  and  in  the  name  of  the  said  Board  of 
Docks,  according  to  the  provisions  of  the  laws  of  this  State 
concerning  attachments  against  vessels. 

Powers  of  dock-masters  to  assign  atid  regulate  stations  for  ves- 
sels; penalty  for  refusing  to  obey  direction. 

Sec.  867.    Each  dock-master  appointed  by  the  Board  of  Docks 

418 


shall  have  power,  within  the  district  assigned  to  him,  subject  to 
the  other  provisions  of  this  Act,  to  provide  and  assign  suitable 
accommodations  for  all  ships  and  vessels,  and  regulate  them  in 
the  stations  they  are  to  occupy  at  the  wharves  or  in  the  stream, 
and  to  remove  from  time  to  time  such  vessels  as  are  not  employed 
in  receiving  or  discharging  their  cargoes,  to  make  room  for  such 
others  as  require  to  be  more  immediately  accommodated  for  the 
purpose  of  receiving  or  discharging  their  cargoes,  and  shall  have 
power  to  determine  as  to  the  fact  of  their  being  fairly  and  in 
good  faith  employed  in  receiving  or  discharging  their  cargoes, 
and  shall  have  authority  to  determine  how  far  and  in  what  in- 
stance it  is  the  duty  of  the  master  and  others  having  charge  of 
ships  and  vessels  to  accommodate  each  other  in  their  respective 
situations.  And  if  any  master  or  any  person  having  charge  of 
any  vessel,  canal  boat,  barge,  or  lighter,  shall  refuse  or  neglect 
to  move  his  vessel,  canal  boat,  barge,  or  lighter  when  ordered 
to  do  so  by  a  dock-master,  or  shall  resist  or  forcibly  oppose 
said  officer  in  the  discharge  of  his  duties,  such  master  or  per- 
sons so  refusing,  neglecting,  resisting,  or  opposing,  shall,  for 
every  such  offense,  forfeit  and  pay  the  sum  of  fifty  dollars  to  be 
recovered  with  costs  of  suit,  by  and  in  the  name  of  the  Board  of 
Docks  before  any  court  having  cognizance  thereof. 

False  personation  of  dock-master . 

Sec.  868.  Any  person  who  shall  falsely  represent  himself  to 
be  a  dock-master,  or  wrongfully  perform  the  duties  of  dock- 
master,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  imprisoned  in  the  county  jail  for  a  term 
not  exceeding  sixty  days,  and  fined,  in  the  discretion  of  the 
court,  a  sum  not  exceeding  twenty-five  dollars. 

Violations  to  be  reported. 

Sec.  869.  It  shall  be  the  duty  of  the  dock-masters  appointed 
by  the  Board  of  Docks  to  report  to  said  Board  all  violations 
of  any  of  the  provisions  of  this  Chapter,  and  of  the  rules  and 
regulations  of  the  Board  of  Docks  which  may  come  to  the 
knowledge  of  said  dock-masters,  or  which  may  be  known  to 
them  by  complaint  or  otherwise. 

419  j        J 


Floating  docks  authorized. 

Sec.  870.  It  shall  be  lawful  for  the  floating  docks  of  the 
New  York  Balance  Dock  Company  and  of  the  New  York  Float- 
ing Dry  Dock  Company  to  be  used,  with  the  consent  of  the 
owners  of  the  piers  or  bulkheads,  respectively  occupied  for  such 
use,  or  of  the  persons  entitled  to  collect  wharfage  for  such  piers 
or  bulkheads,  for  the  purpose  of  taking  up  ships  and  vessels  for 
repair,  coppering,  or  finishing,  in  the  manner  heretofore  practiced 
in  the  port  of  New  York,  subject  to  the  authority  established  by 
this  Act  to  regulate  by  ordinance  the  use  of  the  slips,  piers  and 
wharves  of  The  City  of  New  York. 


Title  3. 
general  provisions. 

Grants  of  land  under  water  restricted. 

Sec.  876.  No  grants  of  land  under  water  shall  be  made  by  the 
Municipal  Assembly  of  The  City  of  New  York,  or  by  any  of- 
ficer, board  or  department  thereof,  beyond  the  exterior  lines  of 
the  City  of  New  York,  as  fixed  by  an  Act  of  the  Legislature,  pass- 
ed April  seventeenth,  eighteen  hundred  and  fifty-seven,  entitled : 
"An  Act  to  establish  bulkhead  and  pier  lines  for  the  port  of 
New  York,"  as  amended  by  subsequent  Acts,  unless  as  expressly 
authorized  by  Acts  passed  subsequent  thereto. 

Time  for  improving  lands  adjacent  to  water  on  Harlem   River. 

Sec.  877.  The  period  of  time  fixed  for  the  appropriation  to 
the  purposes  of  commerce  by  the  construction  of  a  dock  or 
docks,  and  filling  in  the  same,  in  all  letters-patent  issued  by  the 
people  of  the  State  of  New  York  to  the  owners  of  the  adjacent 
upland  for  lands  under  water  and  between  high  and  low  water 
mark  in  front  of  and  adjacent  to  the  lands  of  the  said  owners  of 
the  adjacent  upland  on  the  easterly  shore  of  the  Harlem  River, 

420 


is  extended  until  two  years  after  the  time  when  plans  for  the 
improvement  of  said  river  shall  have  been  or  shall  be  completed 
by  the  proper  authorities,  and  copies  of  such  plans,  filed,  one  in 
the  office  of  the  register  of  the  county  of  New  York,  and  one  in 
the  office  of  the  Secretary  of  State  at  Albany, 

Dumping  Snow  and  Ice  front  Piers. 

Sec.  878.  It  shall  be  lawful  for  the  Commissioner  of  Street 
Cleaning  to  cause  to  be  dumped,  or  authorize  to  be  dumped, 
snow  and  ice  between  the  piers  near  their  inshore  ends,  into 
the  waters  of  the  East  and  North  or  Hudson  rivers. 

Injuries  to  vessels  lying  at  exterior  end  of  wharf. 

Sec.  879.  It  shall  not  be  lawful  for  any  vessel,  canal-boat, 
barge,  lighter  or  tug  to  obstruct  the  waters  of  the  harbor  by 
lying  at  the  exterior  end  of  wharves  in  the  waters  of  the  North 
or  East  River,  except  at  their  own  risk  of  injury  from  vessels 
entering  or  leaving  any  adjacent  dock  or  pier;  any  vessel,  canal- 
boat,  barge,  lighter  or  tug  so  lying  shall  not  be  entitled  to  claim 
or  demand  damages  for  any  injury  caused  by  any  vessel  entering 
or  leaving  any  adjacent  pier. 

Certain  substances  not  to  be  dumped  in  port  of  New  York. 

Sec.  880.  The  placing,  discharging  or  depositing,  by 
any  process  or  in  any  manner,  of  refuse,  dirt,  ashes,  cinders, 
mud,  sand,  dredgings,  sludge  acid,  or  any  other  refuse  matter, 
floatable  or  otherwise,  in  the  tidal  waters  of  the  port  of  New 
York  as  defined  by  this  Act,  except  under  permit  of  the  United 
States  Supervisor  of  the  Harbor,  is  hereby  strictly  forbidden, 
and  every  person  violating  the  foregoing  provisions  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  of  not  more  than  two  hundred  and 
fifty  dollars  nor  less  than  five  dollars,  or  imprisonment  for  not 
more  than  six  months  nor  less  than  ten"^  days,  one-half  of  said 
fine  to  be  paid  to  the  person  or  persons  giving  information 
which  shall  lead  to  convictionjof  such  misdemeanor. 


Scows  to  receive  ashes,  etc. ,  from  steam  tugs  and  vessels. 

Sec.  881.  The  various  scows  employed  by  the  City  of  New 
York,  or  by  the  contractors  for  removing  ashes,  garbage  and  refuse 
of  said  city,  while  moored  at  the  various  dumping  boards  of  said 
city  are  hereby  designated  and  required  to  receive  directly  any 
and  all  ashes  or  rubbish  from  any  steam  tug  or  steam  vessel  in 
the  harbor,  and  in  addition  to  the  foregoing  provisions  two  or 
more  scows  shall  be  located  at  such  points  within  the  harbor  as 
the  Supervisor  of  the  Harbor  may  direct  for  the  special  use  of 
boats  and  vessels  wishing  to  discharge  ashes  or  rubbish. 


422 


CHAPTER  XVII. 

TAXES  AND   ASSESSMENTS. 

Title  1.      Department  of  Taxes  and  Assessments ;    Powers    and 
Duties. 

2.  Assessments  for  local  improvements  other  than  those 

confirmed  by  a  Court  of  Record. 

3.  Vacating   and    Modifying  Assessments  for  local    im- 

provements other  than  those  confirmed  by  a  Court 
of  Record. 

4.  Opening  Streets  and   Parks. 

5.  Sales  of  Lands    for   Taxes,    Assessments  and  ^Water 

Rates. 

Title  1. 
department  of  taxes  and  assessments,  powers  and 

DUTIES. 

One  of  the  Departments  of  the  City. 

Sec.  884.  The  Department  of  Taxes  and  Assessments  shall 
be  one  of  the  Departments  in  said  city. 

Department :  horv  composed.      Term  and  salaries. 

Sec.  885.  The  head  of  the  Department  of  Taxes^and  Assess- 
ments shall  be  called  the  Board  of  Taxes  and  Assessments.  Said 
board  shall  consist  of  a  president,  who  shall  be  designated  in  his  ap- 
pointment, and  four  other  persons,  one  of  whom  at  least  shall  Be 
a  person  learned  in  the  law,  who  shall  be  called  Conimissicners  of 
Taxes  and  Assessments.  The  president,  unless  sooner  removed, 
shall  hold  his  offioe  for  the  term  of  six  years,  and  until  his  successor 

423 


shall  be  appointed  and  has  qualified.  The  other  Commissioners 
shall,  unless  sooner  removed,  hold  their  respective  offices  for 
the  term  of  four  years,  and  until  their  successors  shall  be  ap- 
pointed and  have  qualified.  The  Commissioners  first  appointed 
under  this  Act  shall  hold  office  by  designation  of  the  Mayor  for 
terms  of  one,  two,  three  and  four  years  respectively.  The  Com- 
missioners thereafter  appointed  shall  hold  office  for  the  term  of 
four  years.  The  salary  of  the  president  shall  be  eight  thousand 
dollars  a  year,  and  the  salary  of  each  of  the  other  Commissioners 
six  thouand  dollars  a  year. 

Devolution  of  power. 

Sec.  886.  All  of  the  rights,  powers  and  duties  heretofore  de- 
volved by  law  upon  the  Board  of  Taxes  and  Assessments  in  the 
City  of  New  York,  upon  the  Department  of  Assessment  of  the  City 
of  Brooklyn,  and  upon  like  departments,  boards  or  officers  of  taxes 
and  assessments  other  than  for  street  improvements  in  the  other 
municipal  and  public  corporations  or  parts  of  municipal  and  public 
corporations  consolidated  by  this  Act  with  the  municipal  corpora- 
tion known  as  the  mayor,  aldermen  and  commonalty  of  the  City 
of  New  York  are  hereby  devolved,  unless  otherwise  herein 
expressly  provided,  upon  and  vested  in  the  Board  of  Taxes  and 
Assessments  in  The  City  of  New  York. 

Deputy  Tax  Cotnmissioners  :  how  appointed :  their  duties,  term,  of 
office  and  salary. 

Sec.  887.  The  Board  of  Taxes  and  Assessments  shallappoint 
persons  to  be  known  as  Deputy  Tax  Commissioners,  not  exceed- 
ing forty  in  number,  who  shall  perform,  under  the  direction  and 
supervision  of  the  Board  of  Taxes  and  Assessments,  such  duties 
as  the  said  Board  shall  prescribe.  The  said  Board  shall  give  such 
directions  to  the  Deputy  Tax  Commissioners  as  it  shall  think  ex- 
pedient to  secure  in  all  the  Boroughs  and  parts  of  the  city  equality 
of  valuations  of  property  for  the  purposes  of  taxation.  Such  Deputy 
Tax  Commissioners  shall  hold  their  office  during  the  pleasure  of 
the  said  Board  of  Taxes  and  Assessments,  and  shall  be  subject  to 

424 


removal  by  the  said  Board  as  deputies  in  the  other  city  depart- 
ments. The  number  of  Deputy  Tax  Commissioners  above  pre- 
scribed may  from  time  to  time  be  increased  by  the  appointment 
of  the  Board  of  Taxes^and  Assessments,  provided  such  increase 
is  authorized  by  the  Board  of  Estimate  and  Apportionment. 
The  salary  of  each  of  said  Deputy  Tax  Commissioners  shall  be 
two  thousand,  seven  hundred  dollars  a  year. 

Apportionment  of  Deputy  Tax  Commissioners  among  the  Boroughs. 

Sec. 888.  In  making  theappointmentsofthe  Deputy  Tax  Com- 
missioners the  head  of  the  Department  of  Taxes  and  Assessments 
shall  apportion  such  appointments  as  nearly  as  may  be,  among 
persons  residing  in  the  several  Boroughs  created  by  this  Act, 
according  to  the  population  of  the  several  Boroughs;  and  the 
persons  performing  similar  duties  in  the  several  Boroughs,  when 
this  Act  takes  effect,  shall,  so  far  as  the  Board  shall  deem  them 
fit  and  competent,  be  preferred  for  the  said  appointments  first 
to  be  made  hereunder. 

Deputy  Tax  Commissioners:  duties  of  in  assessing  taxable  property. 

Sec.  889.  It  shall  be  the  duty  of  the  Deputy  Tax  Commission- 
ers, under  the  direction  of  the  Board  of  Taxes  and  Assess- 
ments, to  assess  all  the  taxable  property  in  the  several  districts  that 
may  be  assigned  to  them  for  that  purpose  by  said  Board, 
and  they  shall  furnish  to  the  said  Board,  under  oath,  a  de- 
tailed statement  of  all  such  property,  showing  that  said  deputies 
have  personally  examined  each  and  every  house,  building,  lot,  pier, 
or  other  assessable  property,  giving  the  street,  lot,  ward,  town 
and  map  number  of  such  real  estate  embraced  within  said  dis- 
tricts, together  with  the  name  of  the  owner  or  occupant,  if 
known;  (also,  in  their  judgment,  the  sum  for  which  said  property 
under  ordinary  circumstances  would  sell),  with  such  other  infor- 
mation in  detail  relative  to  personal  property  or  otherwise,  as 
the  said  Board  may,  from  time  to  time  require.  Such  deputies 
shall  commence  to  assess  real  and  personal  estate  on  the  first 
Tuesday  of  September  in  each  and  every  year. 

425 


Offices  of  tJie  Department  in  the  Boroughs. 

Sec.  890.  There  shall  be  an  office  of  the  Department  of  Taxes 
and  Assessments  in  the  Borough  of  Brooklyn,  a  like  office  of  the 
department  in  the  Borough  of  Queens,  a  like  office  of  the  depart- 
ment in  the  Borough  of  Richmond,  and  a  like  office  of  the 
Department  in  the  Borough  of  The  Bronx;  at  which  the  duties 
of  the  Department  of  Taxes  and  Assessments  pertaining  to 
the  assessment  of  property  in  the  said  several  Boroughs  shall, 
under  the  direction  of  the  Board  of  Taxes  and  Assessments,  be 
performed  by  such  number  of  the  Deputy  Tax  Commissioners  or 
other  employees  of  the  Department  of  Taxes  and  Assessments 
as  the  said  Department  may  decide  to  be  necessary  and  assign 
to  such  duties.  Such  offices  shall  in  law  be  a  part  of  the  main  office, 
and  the  main  office  of  the  Department  of  Taxes  and  Assessments 
shall  be  maintained  in  the  Borough  of  Manhattan.  The  books, 
maps,  assessment  rolls,  files  and  records  pertaining  to  the  Depart- 
ment of  Taxes  and  Assessments  of  the  municipality  heretofore 
designated  as  the  mayor,  aldermen  and  commonalty  of  the  City  of 
New  York,  of  the  Department  of  Assessment  of  the  City  of  Brook- 
lyn and  of  each  and  every  of  the  like  offices  in  any  of  the  municipal 
and  public  corporations,  or  parts  of  municipal  and  public  cor- 
porations consolidated  by  this  Act  with  the  municipal  corporation 
of  the  mayor,  aldermen  and  commonalty  of  the  City  of  New  York, 
shall  be  delivered  into  and  thereafter  be  in  the  custody  and  control 
of  the  Department  of  Taxes  and  Assessments  hereby  constituted, 
to  be  kept  in  such  of  the  offices  of  the  said  department  as  may  be 
most  convenient  to  the  taxpayers  and  suitable  to  the  proper  dis- 
charge of  the  business  of  such  department,  and  shall  be  public  rec- 
ords, and  at  all  reasonable  times  open  to  public  inspection. 

Surveyor. 

Sec.  891.  The  said  Department  of  Taxes  and  Assessments  shall 
appoint  a  surveyor  from  one  of  the  city  surveyors,  whose  duty  it 
shall  be  to  make  necessary  surveys  and  corrections  of  the  ward 
maps,  and  also  to  make  all  new  maps  which  may  be  required  for 
the  more  accurate  assessment    of    real  estate  within  the  territory 

426 


consolidated  by  this  Act  with  the  municipal  corporation  known 
as  the  mayor,  aldermen  and  commonalty  of  the  City  of  New 
York.  He  shall  hold  his  ofifice  at  the  pleasure  of  the  Depart- 
ment of  Taxes  and  Assessments,  and  may  have  such  assistants 
as  the  said  Department  may  decide  to  be  necessary  and  provide. 

Annual  record  of  assessed  valuation:  what  to  contain  and  when  to  be 
open  for  examination  and  correction. 

Sec.  892.  There  shall  be  kept  in  the  several  offi  ces  established 
by  the  Department  of  Taxes  and  Assessments,  books  to  be  called 
"The  Annual  Record  of  the  assessed  valuation  of  real  and  personal 
estate  of  the  Boroug'h  of ,"  in  which  shall  be  entered  in  de- 
tail the  assessed  valuations  of  such  property  within  the  limits  of  the 
several  Boroughs  of  the  City  of  New  York,  as  established  by  this 
Act,  which  said  books  shall  be  open  for  examination  and  correc- 
tion from  the  second  Monday  in  January  until  the  first  day 
of  May,  in  each  year;  but  on  said  last  mentioned  day  the 
same  shall  be  closed  to  enable  the  Board  of  Taxes  and  Assess- 
ments to  prepare  assessment  rolls  of  the  several  Boroughs  for 
delivery  to  the  Municipal  Assembly.  The  said  Board  pre- 
vious to  and  during  the  time  the  said  books  are  open  as  afore- 
said for  inspection,  shall  advertise  the  fact  in  the  City  Record,  and 
in  the  corporation  newspapers  and  in  such  other  newspaper  or 
newspapers  published  in  the  several  Boroughs  created  by 
this  Act  as  may  be  authorized  by  the  Board  of  City  Record ; 
provided,  however,  that  for  the  year  1898  it  shall  be  sufficient  if 
said  books  be  kept  open  from  the  first  Monday  of  February  to 
the  first  day  of  May  of  that  year. 

Annual  record  of  assessed  valuation  of  real  and  personal  estate  of  cor- 
porations to  be  kept  in  main  office. 

Sec.  893.  The  Department  of  Taxes  and  Assessments  shall  cause 
to  be  prepared  and  kept  in  the  main  ofifice  of  the  Department  of 
Taxes  and  Assessments,  books  to  be  called  "The  Annual  Record 
of  the  assessed  valuations  of  real  and  personal  estate  of  corpora- 
tions," and  it  shall  be  the  duty  of  the  Deputy  Tax  Commissioners 
in  the  several  districts  in  the  several  Boroughs  which  may  be  as- 

427 


signed  to  them  for  that  purpose  by  the  Board  of  Taxes  and  Assess- 
ments, to  furnish  to  the  Department  of  Taxes  and  Assessments,  un- 
der oath  at  their  main  office,  at  the  time  that  such  statement  is  filed 
in  any  office  of  the  Department  of  Taxes  and  Assessments 
in  any  Borougfh  other  than  in  the  main  office  in  the  Borough 
of  Manhattan,  a  duplicate  detailed  statement  of  the  assessable 
property  of  corporations,  both  real  zmd  personal,  which  said 
statements  of  said  Deputy  Tax  Commissioners  shall  be  en- 
tered upon  the  books  to  be  kept  in  the  main  office  of  the  Depart- 
ment of  Taxes  and  Assessments,  to  be  known  as  the  "Annual 
Record  of  the  assessed  valuation  of  real  and  personal  estate  of 
corporations." 

Assessed  valuation  of  personal  property:  how  to  he  entered. 

Sec.  894.  The  assessed  valuation  of  all  personal  property  shall 
be  entered  by  said  Deputy  Tax  Commissioners,  or  by  such  other 
persons  as  may  be  assigned  to  that  duty  by  the  Department  of 
Taxes  and  Assessments  in  its  several  offices,  in  books  or  rolls,  in 
alphabetical  order,  of  the  names  of  persons  and  corporations  sub- 
ject to  taxation.  No  tax  or  assessment  shall  be  void  by  reason  of 
the  name  of  the  rightful  owner  or  owners,  whether  individuals  or 
corporations,  of  real  estate  in  any  of  the  said  Boroughs  not  being  in- 
scribed in  the  assessment  rolls  or  lists ;  but  in  such  case  no  tax  shall 
be  collected  except  from  the  real  estate  so  assessed.  The  assessed 
valuation  of  all  real  and  personal  property  of  corporations  shall  be 
entered  in  duplicate  in  the  office  in  the  Borough  where  the  same 
is  assessed  and  in  the  main  office  of  the  Department  of  Taxes  and 
Assessments  in  the  Borough  of  Manhattan. 

Applications  for  correction  of  assessment. 

Sec.  895.  During  the  time  that  books  shall  be  open  to  public 
inspection  as  aforesaid  application  may  be  made  by  any  person 
or  corporation  claiming  to  be  aggrieved  by  the  assessed  valuation 
of  real  or  personal  estate,  to  have  the  same  corrected.  If  such  appli- 
cation be  made  in  relation  to  the  assessed  valuation  of  real  estate,  it 
must  be  made  in  writing,  stating  the  ground  of  objection  thereto. 

428 


The  Board  of  Taxes  and  Assessments  shall  examine  into 
the  complaint,  as  herein  provided,  and  if  in  their  judgment  the 
assessment  is  erroneous  they  shall  cause  the  same  to  be  corrected. 
If  such  application  be  made  in  relation  to  the  assessed  valuation 
of  personal  estate,  the  applicant  shall  be  examined  under  oath  by 
a  Commissioner  of  Taxes  and  Assessments  or  a  Deputy  Tax 
Comimissioner,  as  herein  provided,  who  are  hereby  authorized  to 
administer  such  oath,  and  if  the  assessment  as  hereinafter  provided 
be  determined  by  the  Board  of  Taxes  and  Assessments  to  be 
erroneous,  it  shall  cause  the  same  to  be  corrected,  and  fix  the 
amount  of  such  assessment  as  the  Board  of  Taxes  and  Assessments 
may  believe  to  be  just,  and  declare  its  decision  upon  such  appli- 
cation within  the  time  and  in  the  manner  hereinafter  provided.  But 
the  Commissioners  of  Taxes  and  Assessments  may,  during  the 
month  of  May  in  any  year,  act  upon  applications  for  the  reduction 
of  assessments  upon  either  real  or  personal  property  filed  in  their 
offices  on  or  before  the  30th  day  of  April  preceding,  and  cause  the 
amount  of  any  assessment  as  corrected  by  the  Board  of  Taxes  and 
Assessments  to  be  entered  upon  the  assessment  rolls  for  the  year 
in  which  such  correction  may  be  made. 

When  assessed  valuation  may  be  increased  or  diminished. 

Sec.  896.  The  Board  of  Taxes  and  Assessment  may  increase 
at  any  time  before  the  1st  day  of  May  in  each  year,  or  may 
diminish  at  any  time  before  the  closing  of  the  books  of  "Annual 
Record,"  on  the  1st  day  of  May  in  each  year,  the  assessed  val- 
uation of  any  real  or  personal  estate  of  any  individual  or  corpo- 
ration, as  in  its  judgment  may  be  just  or  necessary  for  the  equal- 
ization or  taxation ;  but  it  shall  not  increase  such  valuations  of 
the  property  of  any  individual  or  corporation  after  said  books 
are  opened  for  correction  and  review,  except  upon  notice  given 
to  the  individual  or  corporation  affected  by  such  increase  at  least 
ten  days  before  the  fifteenth  day  of  May  in  each  year. 

Power  of  the  Board  to  remit  or  reduce  a  tax. 

Sec.  897.     The  Board  of  Taxes  and  Assessments  is  hereby  in- 
vested with  power  to  remit  where   in  thej  opinion  of  the  Cor- 

429 


poration  Counsel  lawful  cause  therefor  is  shown.  It  may 
reduce  if  found  excessive,  a  tax  imposed  upon  real  or  personal  prop- 
erty. It  shall  require  a  majority  of  the  Commissioners  of  Taxes 
and  Assessments  to  remit  or  reduce  the  assessed  valuation  of 
personal  property,  and  no  tax  on  personal  property  shall  be  re- 
mitted, cancelled  or  reduced  unless  the  person  aggrieved  shall  satisfy 
the  Board  of  Taxes  and  Assessments  that  illness  or  absence  from 
the  city  had  prevented  the  filing  of  the  complaint  or  making  the 
application  to  the  said  Board  within  the  time  allowed  by 
law  for  the  correction  of  taxes.  Any  remission  or  deduc- 
tion of  taxes  upon  the  real  estate  of  individuals  or  corporations 
must  be  made  within  six  months  after  the  delivery  of  the  books 
to  the  receiver  of  taxes  for  the  collection  of  such  tax. 
Applications  for  revision  and  cancellation  of  assessment  in  the  several 
Boroughs :  when  and  how  made. 

Sec.  898.  The  Board  of  Taxes  and  Assessments  from 
the  whole  number  of  persons  appointed  as  Deputy  Tax 
Commissioners  shall  for  each  of  the  Boroughs  wherein  one 
of  the  ofifices  of  the  Department  of  Taxes  and  Assessments 
is  established  and  maintained,  designate  one  or  more  Deputy 
Tax  Commissioners,  who  shall,  between  the  second  Monday 
of  January  in  each  year  and  the  first  day  of  May  following, 
receive  applications  for  the  revision  and  cancellation  of  any  assess- 
ments entered  in  the  books  of  Annual  Record  of  the  assessed  valu- 
ation of  real  and  personal  estate  in  that  Borough,  take  testimony 
on  such  applications  and  reduce  the  same  to  writing,  and  when  so 
reduced  to  writing  transmit  such  applications  and  testimony,  with 
his  recommendation,  to  the  Board  of  Taxes  and  Assessments 
at  their  main  office,  in  the  Borough  of  Manhattan,  or  to 
any  office  of  the  Department  of  Taxes  in  any  Borough  as  the 
Board  of  Taxes  and  Assessments  may  prescribe.  Such 
Deputy  Tax  Commissioners  as  may  be  designated  for  'the 
purposes  and  as  prescribed  in  this  section,  are  hereby  author- 
ized between  the  second  Monday  of  January  and  the  first 
day  of  May  to  administer  oaths  for  the  purpose  of  taking  testi- 
mony upon  all  applications  for  the  revision  or  cancellation  of  assess- 
ments, and  they  are  hereby  required  and  directed  to  transmit  the 

430 


evidence  so  taken  and  reduced  to  writing,  within  ten  days  after  the 
evidence  upon  any  application  is  taken,  with  their  recommenda- 
tion, as  hereinbefore  described.  The  Board  of  Taxes  and  Assess- 
ments shall  hear  at  their  main  office  all  applications  of  corporations 
for  revision  and  cancellation  of  assessments ;  and  as  to  all  other 
applications,  the  said  board  may  prescribe  the  time  and  place  of 
hearing  thereof  in  the  several  Boroughs  and  give  such  public 
notice  thereof  in  the  City  Record  and  in  at  least  one  news- 
paper in  each  Borough  as  they  may  designate,  and  the 
Board  may  make  such  rules  and  regulations  as  may  be  ap- 
propriate and  expedient  to  the  end  that  the  taxpayers  of 
each  Borough  other  than  corporations,  may  have  a  hearing 
in  the  Borough  in  which  they  reside  or  in  which  their  property 
assessed  is  situated.  All  testimony  taken  by  the  Board  of 
Taxes  and  Assessment  by  any  Commissioner  or  by  Deputy  Tax 
Commissioners  as  herein  prescribed,  shall  be  reduced  to  writing 
and  shall  constitute  part  of  the  record  of  the  proceedings  upon  any 
assessment.  The  decision  of  the  Board  of  Taxes  and  Assessments, 
upon  any  application  for  the  revision,  reduction  or  cancellation  of  any 
assessment  and  upon  the  evidence  taken  thereunder,  shall,  where 
the  evidence  is  taken  by  the  Board  of  Taxes  and  Assessments  be 
rendered  within  thirty  days  after  the  hearing  upon  such  application 
is  closed.  And  where  the  evidence  upon  any  application  is  taken 
by  any  Commissioner  or  a  Deputy  Tax  Commissioner,  the  de- 
termination of  the  Board  of  Taxes  and  Assessments  shall  be  rend- 
ered within  thirty  days  after  the  application  and  the  testimony  there- 
under shall  have  been  filed  with  the  Board  of  Taxes  and  Assess- 
ments, at  the  main  ofKce  of  the  Department  in  the  Borough  of 
Manhattan. 

Deputy  Tax  Commissioners  to  make  up  aggregate  amount  of  assessed 
valuation  in  the  Boroughs. 

Sec.  899.  It  is  hereby  declared  to  be  the  duty  of  the  Deputy  Tax 
Commissioners,  or  of  such  other  persons  as  may  have  been  as- 
signed to  the  charge  and  direction  of  any  one  of  the  offices  of  the 
Department  of  Taxes  and  Assessments  in  the  several  Boroughs,  to 
compute  from  the  Annual  Record  of  the  assessed  valuations  of  real 

431 


and  personal  estate  in  each  of  the  said  several  offices,  the  total  ag- 
gregate amount  of  the  assessed  valuation  of  real  and  personal  prop- 
erty appearing  on  said  books  for  each  of  the  said  Boroughs  on  the 
second  Monday  of  January  in  any  year,  and  to  transmit  a  statement 
of  such  aggregate  amounts  of  assessed  valuations  of  real  and  per- 
sonal property  in  the  said  several  Boroughs  to  the  Department 
of  Taxes  and  Assessments  at  their  main  office  in  the  Borough 
of  Manhattan  on  or  before  the  second  Monday  of  January 
in  each  year.  The  Board  of  Taxes  and  Assessments  are 
hereby  invested  with  the  power  and  charged  with  the  duty 
before  opening  the  books  for  the  public  inspection  as  herein 
prescribed,  to  fix  such  valuations  of  property  for  the  pur- 
poses of  taxation  throughout  The  City  of  New  York  at  such  sums 
as  will,  in  their  judgment,  establish  a  just  and  equal  relation  be- 
tween the  valuations  of  property  in  each  Borough  and  throughout 
the  entire  city.  To  this  end  the  Board  of  Taxes  and  Assessments 
is  authorized  to  require  the  Deputy  Tax  Commissioners  to  transmit 
a  report  to  them  of  the  assessed  valuation  of  real  and  personal  prop- 
erty in  the  several  Boroughs  at  such  time  prior  to  the  second  Mon- 
day of  January  in  each  year  as  chc  Board  of  Taxes  and  Assess- 
ments may  prescribe. 

Comptroller  to  submit  to  Municipal  Assembly  a  statement  showing  the 
amounts  necessary  to  be  raised. 

Sec.  900.  It  shall  be  the  duty  of  the  Comptroller  of  said  city  to 
prepare  and  submit  to  the  Municipal  Assembly,  at  least  four  weeks 
before  its  annual  meeting  in  each  and  every  year  for  the  purpose 
of  imposing  the  annual  taxes,  a  statement  setting  forth  the  amounts 
by  law  authorized  to  be  raised  by  tax  in  that  year,  on  account  of  the 
corporation  of  The  City  of  New  York,  as  hereby  constitu  ted,  or  f  o 
city  purposes  within  said  city  as  created  by  this  Act,  and  purposes 
for  which  said  city  is  liable,  and  also  an  estimate  of  the  prob- 
able amount  of  receipts  into  the  City  Treasury  during  the  then 
current  year  from  all  the  sources  of  revenue  of  the  general 
funds,  including  surplus  revenue  from  the  sinking  funds  of  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York  and 
of  any  of  the  municipal  and  public  corporations,  or  parts  of  muni- 

432 


cipal  and  public  corporations,  by  this  Act  consolidated  with  the  muni- 
cipal corporation  known  as  the  mayor,  aldermen  and  commonalty 
of  the  City  of  New  York,  other  than  the  surplus  of  revenues  of  any 
such  sinking  funds  for  the  payment  of  interest  on  the  city  debt  of 
the  municipal  corporation  known  as  the  mayor,  aldermen  and  com- 
monalty of  the  City  of  New  York,  or  the  like  debts  of  the  municipal 
and  public  corporations  by  this  Act  consolidated  as  aforesaid, 
and  the  said  Municipal  Assembly  is  hereby  authorized  and 
directed  to  deduct  the  total  amount  of  such  estimated  receipts 
from  the  aggregate  amount  of  all  the  various  sums  which,  by 
law,  they  are  required  to  order  and  cause  to  be  raised  by  tax 
in  said  year,  for  the  purposes  aforesaid,  and  to  cause  to  be 
raised  by  tax  only  the  balance  of  such  aggregate  amount  after 
making  such  deductions. 

Special  provision  for  taxes  of  1897-1898, 

Sec.  901.  Inasmuch  as  the  amounts  due  in  the  way  of 
taxes  for  State  and  Municipal  purposes  for  the  year  1898 
will  have  been  levied  in  the  Boroughs  of  Brooklyn,  Queens 
and  Richmond,  prior  to  the  first  day  of  January,  1898,  but 
not  in  the  City  of  New  York,  now,  in  order  to  prevent  double 
taxation  of  property  outside  of  the  limits  of  the  present  City  of 
New  York,  for  the  year  1898,  it  is  hereby  provided  t4ia>t  in  said  year 
1898  the  balance  so  caused  to  be  raised  by  tax  sihall  be 
raised  exclusively  from  property  within  the  limits  of  the 
corporation  heretofore  known  as  the  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York;  but  it  is  further  provided 
that  in  case  it  shall  transpire  that  the  amount  levied  or  collected  from 
any  Borough  outside  of  the  present  City  of  New  York,  and  available 
to  the  uses  of  the  City,  as  constituted  by  this  Act,  for  the  year  1898, 
shall  be  more  or  less  than  its  due  proportion  of  the  expenses  for  the 
year  1898  of  the  City  as  constituted  by  this  Act,  such  excess  or  de- 
ficit shall  be  equalized  and  adjusted  in  the  Budget  of  the  following 
year;  to  the  end  that  each  Borough  shall  bear  its  fair  proportion  of 
the  expenditures  of  the  City  for  the  year  1898.  The  Municipal 
Assembly  shall  have  full  power,  by  appropriate  ordinances,  to  en- 

433 


force  this  provision,  and  is  hereby  invested  with  power  to  make  such 
equalization  and  adjustment  by  different  rates  of  taxation,  or  other- 
wise, in  the  several  Boroughs,  to  the  end  that  taking  the  years 
1898  and  1899,  together,  each  Borough  shall  pay  its  proper  pro- 
portion of  the  general  expenses  of  the  City  for  both  years. 

How  County  charges  and  expenses  in  New  York,  Kings  and  Richmond 
Counties  and  that  part  of  Queens  County  within  the  City  are  to  be 
paid. 

Sec.  902.  In  the  statement  submitted  by  the  Comptroller  to 
the  Municipal  Assembly  as  above  provided  in  this  chapter,  he 
shall  each  year  include  and  state  specifically  the  sum  or  sums 
necessary  to  be  raised  to  pay  during  the  current  year  the  salaries  of 
the  County  officers  and  fhe  other  County  charges  and  expenses  in 
the  Counties  of  New  York,  Kings,  and  Richmond,  respectively, 
and  the  sum  or  sums  which  should  be  paid  for  like  purposes  by 
that  part  of  Queens  County  included  within  the  City ;  and  the 
Municipal  Assembly  is  hereby  authorized  and  directed  to  levy 
upon  and  collect  from  the  taxable  property  within  each  of  said 
Counties  and  part  of  County,  respectively,  the  sum  or  sums  so 
necessary  to  be  raised  to  pay  the  salaries  of  County  officers  and 
other  County  charges  and  expenses  of  such  County  or  part  of 
county ;  to  the  end  that  each  of  said  Counties  and  said  part  of 
Queens  County  shall  ultimately  bear  and  pay  all  expenses  neces- 
sary to  be  incurred  within  the  County  or  part  of  County  for 
County  as  distinguished  from  City  purposes. 

Permits  for  buildings,  etc.:  copies  of  to  be  sent  to  the  Department  of 
Taxes  and  Assessments. 

Sec.  903.  Whenever  any  permit  shall  be  granted  by  the  proper 
officer  of  the  city  government  as  created  by  this  Act  for  the  erection 
of  any  building,  pier  or  bulkhead  within  said  city,  a  copy  of  such 
permit  shall  be  within  five  days  after  its  issue  furnished  by  the  officer 
gfranting  the  same  to  the  Department  of  Taxes  and  Assessments. 

Exemptions. 

Sec.  904.   The  exemption  from  taxation  of  every  building  for 

434 


public  worship,  and  every  school  house  or  other  seminary  of  lea.rn- 
ing  under  the  provisions  of  subdivision  3,  of  section  4,  title  i,  chapter 
XIII.  of  Part  First  of  the  Revised  Statutes  or  amendments  there- 
of, shall  not  apply  to  any  such  building  or  premises  within  the 
limits  of  the  City  of  New  York,  as  defined  by  this  Act,  unless 
the  same  shall  be  exclusively  used  for  such  purpose,  and  be 
exclusively  the  property  of  a  religious  society. 

Exemptions,  continued. 

Sec.  905.  Nothing  in  this  chapter  shall  effect  any  existing  and 
valid  exemptions  from  taxation  hertofore  created  by  law  respect- 
ing any  property,  real  or  personal,  within  the  limits  of  The  City 
of  New  York,  as  constituted  by  this  Act. 

Certiorari  to  review  final  determination  of  the    Department. 

Sec.  906.  A  certiorari  to  review  or  correct  on  the  merits  any 
final  determination  of  the  Board  of  Taxes  and  Assessments 
shall  be  allowed  by  the  Supreme  Court  or  any  justice  thereof  directed 
to  the  Commissioners  of  Taxes  and  Assessments  on  the  verified 
petition  of  the  party  aggrieved,  but  only  on  the  grounds  which  must 
be  specified  in  such  petition,  that  the  assessment  is  illegal,  and  giv- 
ing the  particulars  of  the  alleged  illegality,  or  is  erroneous  by  reason 
of  over  valuation,  or  in  case  of  real  estate,  that  the  same  is  er- 
roneous by  reason  of  inequality  in  that  the  assessment  has  been 
made  at  a  higher  proportionate  valuation  than  the  assessment  of 
other  real  estate  on  the  tax  rolls  of  the  City  for  the  same  year, 
specifying  the  instances  in  which  such  inequality  exists,  and  the 
extent  thereof,  and  stating  that  he  is  or  will  be  injured  thereby. 

When  assessment  rolls  to  be  made  and  delivered  to  the  Municipal 
Assembly. 

Sec.  907.  Beginning  with  the  first  day  of  May  in  each  year  the 
Board  of  Taxes  and  Assessmenis  shall  cause  to  be  prepared  from  the 
books  of  Annual  Record  of  assessed  valuations  of  real  and  personal 
estate  in  the  several  offices  of  the  Department:  of  Taxes  and  Assess- 
ments in  the  several  Boroughs,  assessment  rolls  for  each  of  said 
several  Boroughs,  and  shall,  as  soon  as  such  rolls  are 
completed,     annex     to     each     of     said     rolls     their     certificates 

4S5 


vaS^  Of  THB     -r^ 
FOHIVBRSIIT] 


that  the  same  is  correct  in  accordance  with  the  entries  in  said  several 
books  of  record.    The  rolls  so  certified  must,  on  the  first  Monday 
of  July  in  each  year  be  delivered  by  the  Board  of  Taxes  and  Assess- 
mesits  to  the  Municipal  Assembly,  which  shall  meet  at  noon  on  that 
iay  at  the  City  Hall,  or  usual  place  of  meeting,  in  the  Borough 
of  Manhattan,  for  the  purpose  of  receiving  the  same,  and  for  the 
purpose  of  performing  such  other  duties  in  relation  thereto  as 
are  prescribed  by  law ;   except  that  whenever  said  first  Monday 
in  July  shall  fall  on  a  legal  holiday,  said  rolls  shall  be  delivered 
by  said  Board  of  Taxes  and  Assessments  on  the  next  succeeding 
day  thereafter  to  the  Municipal  Assembly,  which  shall  meet  at 
noon  on  such  next  succeeding  day,  at  the  place  and  in  the  man- 
ner and  for  the  purposes  hereinafter  specified. 

Meaning  of  the  words  "  Board  of  Taxes  and  Assessments  "  in  this 
cJiapter.     Majority  Clause.  ■ 

Sec.  908.  Whenever  any  act  is  required  or  authorized  to  be 
done  or  anv  determination  or  decision  made  by  the  Board  of  Taxes 
and  Assessments,  or  any  other  body  or  Board,  then  in  the 
absence  of  express  provision  to  the  contrary,  any  such  act,  if 
done,  or  any  such  determination  or  decision,  if  made  by  a  majority 
of  the  body  or  Board  shall,  within  the  meaning  of  this  Act  be 
held  to  be  the  act,  determination  or  decision  of  the  body  or  Board. 

Assessment  rolls  to  remain  in  custody  of  Municipal  Assembly. 

Sec.  909.  The  tax  or  assessment  rolls,  when  finally  submitted 
to  the  Municipal  Assembly  on  the  first  Monday  of  July  in  each 
year,  shall  remain  in  the  custody  of  said  Assembly,  but  the  Presi- 
dent of  the  Council  may,  by  written  permission,  permit  access 
to  them,  and  he  is  hereby,  in  the  name  of  the  Municipal  Assembly 
and  as  its  act,  authorized  and  directed  to  cause  to  be  properly  esti- 
mated and  computed  the  taxes  annually  imposed,  and  cause  the 
same  to  be  properly  set  down  or  extended  in  the  several  assessment 
rolls  or  tax  books,  as  required  by  the  next  section.  It  shall  also  be 
the  duty  of  said  president  to  cause  the  items  of  said  taxes  to  be  care- 
fully added,  and  to  set  down  the  amount  of  the  same  therein;  and 

436 


the  duty  of  said  President  to  cause  the  items  of  said  taxes  to  be 
carefully  added,  and  to  set  down  the  amount  of  the  same  therein  ; 
and  when  completed  to  deliver  the  tax  books  relating  to  real 
estate  to  the  collector  of  assessments  and  arrears,  in  order 
that  the  unpaid  water  rents  of  each  preceding  year  may 
be  entered  therein.  After  such  completion  of  the  assessment 
rolls  or  tax  books  it  shall  be  the  duty  of  the  City  Clerk 
to  procure  the  proper  warrants  authorizing  and  requiring  the  re- 
ceiver of  taxes  to  collect  the  several  sums  therein  mentioned  ac- 
cording to  law, and  such  warrants  need  be  signed  only  by  the  Presi- 
dent of  the  Council  and  the  President  of  the  Board  of  Aldermen 
and  countersigned  by  the  City  Clerk,  and  immediately  thereafter 
the  President  of  the  Council  shall  deliver  the  said  assessment  rolls, 

with  the  warrants  aforesaid  annexed  thereto,  to  the  receiver  of 
taxes,  at  the  same  time  notifying  the  Comptroller  of  the  amount  of 
taxes  in  each  book,  in  order  that  he  may  cause  the  proper  sum  to  be 
charged  to  the  receiver  for  collection. 

Id. :  duties  of  Municipal  Assembly  respecting. 

Sec.  910.  At  such  annual  meeting  the  Municipal  Assembly 
must  make  such  alterations  in  the  description  of  real  property 
belonging  to  non-residents  as  may  be  necessary  to  render  such 
descriptions  conformable  to  the  provisions  of  law;  and  if  such 
alterations  cannot  be  made,  they  must  expunge  the  descriptions 
of  such  real  property,  and  the  assessment  thereon  from  the 
assessment  rolls.  They  must  also  estimate  and  set  down  in  a 
fifth  column,  to  be  prepared  for  that  purpose  in  the  assessment 
rolls,  opposite  to  the  several  sums  set  down  as  the  valuation  of 
real  and  personal  property,  the  respective  sums,  in  dollars  and 
cents,  to  be  paid  as  a  tax  thereon,  rejecting  the  fractions  of  a 
cent.  They  must  also  add  up  and  set  down  the  aggregate 
valuations  of  the  real  and  personal  property  in  the  several 
Boroughs  as  corrected  by  them  ;  and  must  transmit  to  the  Comp- 
troller of  this  State  by  mail  a  certificate  of  such  aggregate  valuations, 
showing  separately  the  aggregate  amount  of  the  real  and  personal 
property  in  each  Borough,  as  corrected  by  the  Municipal  Assembly. 

437 


Corrected  roll  to  be  delivered  to  Receiver  of    Taxes. 

Sec.  911.  They  must  also  cause  the  assessment  rolls  of  each 
Borough,  when  corrected  according  to  law,  and  finally  completed, 
or  a  fair  copy  thereof,  to  be  delivered  to  the  receiver  of  taxes  in 
and  for  the  city  on  or  before  the  first  day  of  September  thereafter, 
with  the  proper  warrant  or  warrants  annexed,  signed  by  the  Presi- 
dent of  the  Council  and  the  President  of  the  Board  of  Aldermen 
and  countersigned  by  the  City  Clerk,  directing  and  requiring  him  to 
collect  from'  the  several  persons  named  in  the  assessment  rolls  the 
several  sums  mentioned  in  the  last  column  of  such  roll,  opposite  to 
their  respective  names,  and  to  pay  the  same  from  time  to  time, 
when  so  collected,  to  the  Chamberlain  of  the  city. 

Penalty  for  Municipal  Assembly's  neglect. 

Sec.  912.  If  the  Municipal  Assembly  shall  wilfully  refuse  or 
neglect  to  perform  any  of  the  duties  required  of  them  by  the  two 
preceding  sections,  each  member  so  refusing  or  neglecting  shall 
forfeit  to  the  City  of  New  York  the  sum  of  five  hundred  dollars,  to 
be  recovered  in  a  civil  action;  and  shall  also  be  punishable  for  a 
misdemeanor,  and  upon  conviction  thereof,  shall  forfeit  his  office. 

Where  taxes  due  and  payable. 

Sec.  913.  The  receiver  of  taxes  upon  receiving  the  assessment 
rolls  and  warrants  shall  immediately  cause  the  assessment  rolls 
and  warrants  for  each  of  the  several  Boroughs  wherein  he  shall, 
under  the  designation  of  the  Municipal  Assembly,  have  an  office,  to 
be  delivered  at  and  filed  in  such  office,  and  shall  thereafter  proceed 
to  collect  and  receive  said  taxes  from  the  several  individuals  and 
corporations  assessed  in  the  said  assessment  rolls  in  the  manner  here- 
after prescribed. 

Receiver  of  taxes  to  give  public  notice. 

Sec.  914.  The  receiver  of  taxes  shall, immediately  after  he  shall 
have  received  the  assessment  rolls,  give  public  notice  in  the  City 
Record  and  the  corporation  newspapers  and  in  such  newspaper 
or  newspapers  published  in  the  several  Boroughs  as  may  be  des- 

438 


ignated  by  the  Board  of  City  Record,  or  in  default  of  any  news- 
paper being  published  in  any  Borough,  in  such  newspaper  or 
newspapers  having  a  general  circulation  in  such  Borough  as  the 
Board  of  City  Record  shall  direct,  that  said  assessment  rolls  have 
been  delivered  to  him  and  that  all  taxes  are  then  due  and  pay- 
able at  his  office  in  the  said  respective  Boroughs,  and  that  in 
case  of  payment  on  or  before  the  first  day  of  November  there- 
after the  persons  so  paying  shall  be  entitled  to  the  benefits 
mentioned  in  the  next  section. 

Rebate  for  prompt  payment. 

Sec.  915.  If  any  person  who  shall  be  assessed  in  any  of  the  said 
assessment  rolls  shall  pay  the  amount  of  his  taxes  on  or  before 
the  first  day  of  November,  succeeding  the  delivery  of  the  said  assess- 
ment rolls  and  warrants  to  the  said  receiver,  it  shall  be  the  duty 
of  the  receiver  or  any  of  his  deputies  to  receive  the  same,  and  to 
deduct  therefrom  interest,  at  the  rate  of  six  per  cent,  per  annum, 
between  the  day  of  such  payment  and  the  first  day  of  December 
then  next  succeeding. 

Interest  on  unpaid  taxes. 

Sec.  916.  If  any  such  tax  shall  remain  unpaid  on  the  said  first 
day  of  December,  it  shall  be  the  duty  of  the  receiver  of 
taxes  to  charge,  receive,  and  collect  upon  such  tax  so  remain- 
ing unpaid  on  that  day,  in  addition  to  the  amount  of  such  tax,  one 
per  centum  on  the  amount  thereof,  and  to  charge,  receive,  and 

collect  upon  such  tax  so  remaining  unpaid  on  the  first  day  ot  Jan- 
uary thereafter,  interest  upon  the  amount  thereof,  at  the  rate  of 

seven  per  centum  per  annum,  to  be  calculated  from  the  day  on 

which  said  assessment  rolls  and  warrants  shall  have  been  delivered 
to    the    receiver  of  taxes  to  the  date  of  payment;  and  such  increase 

or  percentage  shall  be  paid  over  and  accounted  for  by  such  receiver 
from  time  to  time,  as  a  parti  of  the  tax  collected  by  him. 

Id.:  continued. 

Sec.  917.  It  shall  be  the  duty  of  the  said  receiver,  in  person  or 
by  his  deputies,  to  charge,  collect,  and  receive  upon  all  taxes  re- 

439 


maiming  unpaid  on  and  after  the  said  first  day  of  January,  in- 
terest at  a  rate  of  seven  per  cent,  per  annum,  to  be  calculated  from 
the  day  on  which  the  said  assessment  rolls  and  warrants  shall  have 
been  delivered  to  the   receiver^ 

Duty  of  receiver  where  taxes  remain  unpaid  on  the  -first  of  November 
following  the  delivery  of  assessments  and  warrants. 

Sec.  918.  If  any  taxes  of  any  year  shall  remain  unpaid  on  the 
first  day  of  November  next  after  the  assessments  and  warrants  to 
collect  such  taxes  have  been  delivered  to  the  receiver  of  taxes  at  hit 
office  in  the  Borough  of  Manhattan,  it  shall  be  the  duty  of  the  re- 
ceiver to  give  notice  by  advertisement  for  at  least  ten  days  in  the 
City  Record  and  the  corporation  newspapers,  and  in  such  daily 
paper  having  a  general  circulation  in  any  Borough  as  the  Board 
of  City  Record  shall  designate,  that  unless  the  same  shall  be  paid 
to  him  at  his  office  on  or  before  the  first  day  of  December  in 
any  such  year,  he  will  immediately  thereafter  proceed  to  collect 
such  unpaid  taxes  as  provided  herein. 

Public  notice  to  be  given  by  receiver  after  December  ist  in  each  year. 

Sec.  919.  The  receiver  of  taxes  shall  immediately  after  the  first 
day  of  December,  in  each  year,  give  public  notice  in  the  City  Rec- 
ord, and  the  corporation  newspapers,  and  in  such  daily  paper 
having  a  general  circulation  in  any  Borough  as  the  Board  of  City 
Record  may  designate,  at  least  ten  days,  notifying  all  persons  or 
corporations  who  have  omitted  to  pay  their  taxes  to  pay  the 
same  to  him  at  his  office  in  the  Borough  of  Manhattan,  or  to  his 
several  deputies  in  the  several  Boroughs. 

Undivided  parts  of  taxes:  payment  of. 

Sec.  920.  If  a  sum  of  money  in  gross  has  been  or  shall  be  taxed 
upon  any  lands  or  premises,  any  person  or  persons  claiming  any 
divided  or  undivided  part  thereof  may  pay  such  part  of  the  sum  of 
money  so  taxed,  also  of  the  interest  and  charges  due  or  charged 
thereon,  as  the  said  Comptroller  may  deem  to  be  just  and  equitable; 
and  the  remainder  of  the  sum  of  money  so  taxed,  together  with  the 
interest  and  charges,  shall  be  a  lien  upon  the  residue  of  the  land  and 

440 


premises  only,  which  residue  may  be  sold  to  satisfy  the  residue  of 
such  tax,  interest,  or  charges,  in  the  same  manner  as  though  the 
residue  of  said  tax  had  been  imposed  upon  the  residue  of  said  lands 
or  premises. 

Corporations:  tax  for,  how  collected. 

Sec.  921.  The  said  receiver  of  taxes  shall  proceed  in  enforc- 
ing the  collection  and  payment  of  taxes  against  corporations  or 
associations,  and  their  officers  and  directors,  or  trustees,  in  the 
same  manner  as  against  individuals ;  such  taxes  shall  be  paid 
out  of  the  funds  of  the  company  and  shall  be  ratably  deducted 
from  the  dividends  of  those  stockholders  whose  stock  was  taxed, 
or  shall  be  charged  upon  such  stock,  if  no  dividends  be  after- 
ward declared. 

Daily  statement  of  taxes  received  to  be  rendered  to  Chamberlain. 

Sec.  922.   The  receiver  of  taxes  shall  enter  into  suitable  books, 
to  be  kept  by  him  for  that  purpose,  the  sums  received  by  him  for 
taxes,  and  at  the  expiration  of  the  office  hours  for  each  day,  and 
before  three  o'clock  thereof,  shall  render  a  statement  of  the  same 
to  the  Chamberlain  and  at  the  same  time  on  each  day  pay  over  to 
said  Chamberlain  the  amount  received  on  such  day;  he  shall  also 
thereupon  receive  from  the  said  Chamberlain  a  voucher  for  the 
payment  of  such  sums,  which  he  shall  forthwith,  on  the  same  day, 
exhibit  to  the  Comptroller  of  the  said  city.      But  the  duty  by 
this  section  imposed  may,  in  respect  to  the  Borough  of  Brook- 
lyn,   be   discharged    by   the   deputy   receiver   of   taxes   and  the 
deputy  Chamberlain   located    in   the  Borough  of   Brooklyn,  and 
likewise  by  similar  deputy  officers  for  the  Borough  of  The  Bronx, 
the  Borough  of  Queens,  and  the  Borough  of  Richmond. 

Receiver's  account  of  taxes  received:  how  to  be  kept. 

Sec.  923.  It  shall  be  the  duty  of  the  receiver,  and  of  deputy  re- 
ceivers, from  time  to  time  to  enter  in  a  column,  to  be  made  for 
that  purppse,  upon  the  assessment  rolls  in  his  possession,  opposite 
to  the  names  of  the  persons  mentioned  therein,  and  who  shall  pay 
their  tax,  as  aforesaid,  to  the  receiver  of  taxes,  personally  or  by 

441 


deputy,  the  fact  of  such  payment,  the  amount  thereof,  and  the  day 
when  paid,  and  to  enter  into  suitable  books,  to  be  kept  for  that 
purpose,  on  each  day  such  payment,  and  the  names  of  the  parties  re- 
spectively on  whose  account  the  same  were  paid;  and  at  the  ex- 
piration of  the  office  hours,  and  on  the  same  day,  he  shall  furnish 
to  the  Comptroller  of  the  said  city,  personally  or  by  deputy,  a  de- 
tailed statement  of  such  sums  of  the  Borough  for  which  received, 
and  the  names  of  the  parties  respectively  on  whose  account  the 
same  have  been  paid,  which  shall  be  filed  by  the  said  Comptroller  in 
his  office.  The  Comptroller  shall,  on  each  day,  immediately  after 
receiving  from  said  receiver  or  deputy  the  statement,  compare  the 
same  with  a  voucher  furnished  to  him  by  the  Chamberlain  for  the 
payment  thereof  to  the  Chamberlain,  and  if  the  aggregate  amounts 
thereof  shall  correspond,  shall  credit  the  said  receiver  of  taxes  in 
his  book  with  such  amount. 

Penalty  for  failure  to  report  to  Chamberlain. 

Sec.  924.  If  the  receiver  of  taxes,  or  any  deputy  receiver  shall 
on  any  day,  omit  or  neglect  to  furnish  to  the  Chamberlain  or  to  the 
Comptroller,  respectively,  the  statements  and  vouchers  required 
by  law,  or  to  make  the  daily  payments  hereinbefore  prescribed,  it 
shall  be  the  duty  of  the  Comptroller  forthwith  to  suspend  from 
office  the  party  delinquent.  In  case  of  such  suspension,  the  Comp- 
troller shall  appoint  a  suitable  person  to  perform  the  duties  of  the 
officer  so  suspended,  who  shall  continue  to  act  as  such  officer,  with 
all  the  powers  conferred  upon  him  by  this  title,  until  the  parties 
suspended  shall  be  restored,  or  another  person  shall  have  been  ap- 
pointed. On  making  such  temporary  appointment,  the  Comptroller 
shall  be  required  to  take  from  the  party  so  appointed  a  bond,  with 
two  sufficient  sureties,  to  be  approved  by  the  Chamberlain,  and  filed 
with  the  said  Comptroller,  in  such  penal  sum  as  the  said  Chamber- 
lain may  deem  just,  conditioned  for  the  faithful  performance  of  the 
duties  of  the  office  during  the  continuance  of  the  person  so  ap- 
pointed therein;  and  all  the  provisions  of  this  title  prescribing  the 
duties  of  the  receiver  of  taxes,  and  the  deputy  receiver,  shall 
apply  to  the  person  or  persons  so  appointed  in  their  stead  by  the 
Comptroller. 

442 


Provision  in  case  of  sickness. 

Sec.  925.  In  case  of  inability  of  the  receiver  to  perform  the 
duties  of  his  office  by  reason  of  sickness  or  absence  from  the 
city,  the  Comptroller  shall  designate  some  suitable  person  to  per- 
form the  duties  of  his  office  during  such  inability  or  absence, 
and  shall,  in  his  discretion,  take  from  such  person  a  bond,  with  suffi- 
cient sureties,  in  the  manner  prescribed  in  the  preceding  section. 

Collection  of  unpaid  personal  tax  by  distress  and  sale. 

Sec.  926.  It  shall  be  lawful  for  the  said  receiver,  if  any  tax  for 
personal  property  and  the  interest  thereon,  as  hereinbefore  pro- 
vided, shall  remain  unpaid  on  the  fifteenth  day  of  the  month  of 
January,  succeeding  the  receipt  by  him  of  the  rolls,  to  issue  his 
warrant  under  his  hand  and  seal  directed  to  any  marshal  com- 
manding him  to  levy  the  said  tax,  with  interest  thereon  at  the  rate 
of  seven  per  cent,  per  annum  from  the  day  of  the  delivering  of  the 
assessment  rolls  and  warrants  to  the  said  receiver  to  the  time  when 
the  same  shall  be  paid  by  distress  and  sale  of  the  goods  and  chattels 
of  the  person  against  whom  the  said  warrant  shall  be  issued,  or 
of  any  goods  and  chattels  in  his  or  her  possession,  wheresoever  the 
same  shall  be  found  within  the  said  city,  and  to  pay  the  same  to  the 
said  receiver,  and  return  such  warrant  within  thirty  days  after  the 
date  thereof.  For  the  purposes  of  this  section  the  jurisdiction  of  the 
marshal  is  co-extensive  with  The  City  of  New  York.  The  Comp- 
troller of  The  City  of  New  York,  however,  may  from  time  to  time 
as  may  be  necessary  to  insure  prompt  collection  of  said  tax,  extend 
or  renew  such  warrant,  but  no  single  extension  or  renewal  thereof 
shall  in  any  event  exceed  sixty  days. 

Id. :  may  add  costs  of  distress  and  sale. 

Sec.  927.  In  all  cases  where  the  said  receiver  shall'proceed  by 
distress  and  sale  of  the  goods  and  chattels  of  any  person  for  the 
payment  of  any  tax  due  and  payable,  it  shall  be  lawful  for  him  to 
authorize  and  empower  the  officer  making  such  distress  and  sale  to 
collect,  in  addition  to  the  tax  and  the  interest  thereon,  the  costs  of 
such  distress  and  sale,  which  costs  shall  be  in  addition  to  any  dis- 

443 


bursements  five  cents  for  every  dollar  collected  to  the  amount  of 
one  hundred  dollars,  and  two  and  one-half  cents  for  every  dollar 
collected  over  one  hundred  dollars. 

Id. :  sale  to  be  advertised. 

Sec.  928..|^The  marshal  to  whom  a  warrant  for  the  collection 
of  any  tax  is  issued  shall  give  public  notice  at  the  time  and  place 
of  sale  of  any  property  distrained  by  virtue  thereof,  and  of  the  prop- 
erty to  be  sold,  at  least  six  days  previous  to  the  sale,  by  advertise- 
ments to  be  posted  up  in  at  least  three  public  places  in  the  ward 
where  such  sale  shall  be  made.    The  sale  shall  be  by  public  auction. 

Id. :  disposition  of  surplus. 

Sec.]929.  If  the  property  distrained  shall  be  sold  for  more  than 
the  amount  of  the  tax,  the  surplus  shall  be  returned  to  the  person 
in  whose  possession  such  property  was  when  the  distress  was  made, 
if  no  claim  be  made  to  such  surplus  or  any  other  person.  If  any 
other  person  shall  claim  such  surplus,  on  the  ground  that  the  prop- 
erty sold  belonged  to  him,  and  such  claim  be  admitted  by  the  person 
for  whose  tax  the  same  was  distrained,  the  surplus  shall  be  paid 
to  such  ov.-ner;  but  if  si:ch  claim  be  contested  by  the  person  for 
whose  tax  the  property  was  distrained,  the  surplus  moneys  shall  be 
retained  by  the  said  marshal  until  the  rights  of  the  parties  shall 
be  judicially  determined. 

Enforcing  payment  of  personal  taxes;  fine  may  be  imposed. 

Sec.  930.  In  case  of  the  refusal  or  neglect  of  any  person  to  pay 
any  tax  imposed  on  him  for  personal  property,  if  there  be  no  goods 
or  chattels  in  his  possession  upon  which  the  same  may  be  levied  by 
distress  and  sale  according  to  law,  and  if  the  value  of  the  property 
assessed  shall  be  the  sum  of  one  thousand  dollars,  the  said  re- 
ceiver, if  he  has  reason  to  believe  that  the  person  taxed  has  debts, 
credits,  choses  in  action,  or  other  personal  property  not  taxed  else- 
where in  this  State,  and  upon  which  the  levy  cannot  be  made  ac- 
cording to  law,  may  thereupon,  in  his  discretion,  make  application 
to  the  Supreme  Court,  within  one  year  from  the  date  of  the  return 

444 


of  the  warrant  by  the  marshal,  to  enforce  the  payment  of  such 
tax.  The  Court  may  impose  a  fine  for  the  misconduct  men- 
tioned in  this  section,  sufficient  in  amount  for  the  payment  of  the 
tax  assessed,  and  ten  dollars,  costs  of  motion,  together  with  ex- 
penses of  the  proceedings  authorized  by  this  title,  to  enforce  such 
payment  or  to  punish  such  misconduct ;  and  the  amount  of  such  tax 
shall  be  paid  out  of  such  fine  to  the  said  receiver,  who  shall  pay  over 
the  same  in  like  manner  as  the  tax  was  required  to  be  paid;  and 
costs  and  expenses  of  such  proceedings  shall  be  paid  out  of  such 
fine  to  the  sai^  receiver  who  made  the  application  to  enforce  the 
payment  of  the  tax. 

Id.:  order  to  prosecute:  when  operates  as  assignment  of  bond. 

Sec.  931.  Whenever  any  bond  taken  under  the  proceedings  re- 
ferred to  in  the  last  preceding  section  shall  be  ordered  to  be  prose- 
cuted, such  order  shall  operate  as  an  assignment  of  the  bond  to 
the  said  receiver,  who  shall  be  authorized  to  prosecute  the  same  in 
any  court  of  record,  in  his  name  as  such  receiver,  as  the  assignee 
of  the  officer  to  whom  the  bond  was  given,  in  the  same  manner  as 
in  other  actions  on  bonds  with  conditions  to  perform  covenants 
other  than  for  the  payment  of  money ;  and  the  measure  of  damages 
in  such  action  shall  be  the  extent  of  such  tax,  and  the  costs  and  ex- 
penses of  the  proceedings  to  enforce  the  payment  thereof,  and  shall 
be  applied  and  paid  in  like  manner  as  the  fine  mentioned  in  the  next 
preceding  section  is  therein  directed  to  be  applied  and  paid,  and  in 
all  such  actions,  if  the  plaintiff  recovers,  he  shall  recover  all  costs 
against  the  defendant. 

Id.:  cases  to  be  sent  to  Corporation  Counsel. 

Sec.  932.  It  shall  be  the  duty  of  the  receiver  of  taxes  to  send 
or  cause  to  be  sent  to  the  Corporation  Counsel,  monthly,  all 
cases  of  personal  taxes  embraced  in  the  assessment  rolls,  when 
the  assessment  is  one  thousand  dollars  or  more,  and  upon 
which  a  warrant  to  any  of  the  marshals  of  said  city 
has  been  issued  and  unsatisfied  for  a  period  of 
sixty  days,  or  returned  unsatisfied  in  whole  or  part,  and  of  all  other 
cases  of  personal  taxes,  except  in  those  cases  where  the  Comptroller 

445 


may  extend  the  warrant,  when  application  to  any  court  may  be  made 
for  the  collection  of  the  tax,  and  the  said  Counsel  is  authorized 
to  make  requisitions  upon  the  said  receeiver  for  all  such  cases. 

Id. :  duties  of  Corporation  counsel. 

Sec.  933.  The  Corporation  Counsel  shall  be  charged  with  the 
prosecution  of  all  suits  or  proceedings,  in  any  court  having  jurisdic- 
tion, for  the  collection  of  all  cases  of  personal  taxes  sent  to  him  by 
the  receiver  of  taxes,  or  where,  by  any  law  of  this  State,  any  suit  or 
proceeding  may  be  instituted  by  such  receiver,  or  any  marshal  acting 
under  a  tax  warrant,  in  any  court  for  the  collection  of  any  tax  or 
personal  property,  and  shall,  subject  to  such  control,  act  as  counsel 
to  the  receiver  of  taxes,  and  to  any  marshal  acting  under  the  warrant 
of  said  receiver  in  the  collection  of  any  tax  for  personal  property. 

Court  to  dismiss  proceedings  if  satisfied  that  taxes  on  personal  prop- 
erty cannot  be  paid. 
Sec.  934.  The  court  in  which  any  proceeding  may  be  com- 
menced to  enforce  the  payment  of  any  tax  for  personal  property, 
may  dismiss  the  proceedings  absolutely  without  costs,  or  con- 
ditionally, upon  the  payment  of  costs,  or  may,  on  the  facts,  in 
its  discretion,  dismiss  such  proceedings  on  the  payment  of  such 
part  of  the  tax  and  costs  as  shall  be  just,  in  any  case  where 
it  shall  be  satisfied  that  the  person  or  persons  taxed  are 
unable,  for  want  of  property,  or  other  reason,  to  pay  any 
tax.  In  cases  where  any  proceedings  shall  be  dismissed 
under  this  section,  on  payment  of  a  portion  of  the  tax, 
a  copy  of  the  order  of  the  court  shall  be  filed  with  the  re- 
ceiver of  taxes,  and  a  note  of  the  contents  of  such  order  entered 
upon  the  assessment  roll,  and  it  shall  be  the  duty  of  said  Counsel 
to  report  all  cases  dismissed  on  account  of  the  inability  of  the  per- 
son to  pay  the  tax  to  the  Commissioner  of  Taxes  and  Assess- 
ments, annually,  on  the  thirty-first  day  of  December  in  each  year; 
and  said  commissioner  is  hereby  authorized  to  strike  the  names  of 
all  such  persons  from  the  assessment  rolls  for  the  succeeding  year. 
Counsel  to  keep  register,  etc. 

Sec.  935.   The  Corporation  Counsel  shall  keep,  in  proper  books 
to  be  provided  by  the  corporation  of  said  city  for  that  purpoce,  a 

446 


register  of  all  actions  oi  proceedings  prosecuted,  and  upon  the 
expiration  of  his  term  of  office,  or  his  resignation  thereof 
or  removal  therefrom,  the  Corporation  Counsel  shall  deliver 
to  ihis  successor  in  office  all  books  and  papers  in  his  hands 
belonging  to  his  office,  or  delivered  to  him  by  the  receiver  of  taxes, 
or  any  marshal  of  said  city,  and  in  any  way  connected  with  his 
office,  or  any  business  pertaining  thereto.  The  said  counsel  or  any 
marshal  shall  pay  over,  under  oath,  to  the  receiver  of  taxes  of  said 
city,  monthly,  or  oftener  if  required,  all  taxes  collected  by  him. 

Receiver;  when  may  sue  for  personal  taxes. 

Sec.  936.  Any  tax  duly  imposed  for  personal  property  upon 
any  person  or  corporation  in  the  City  of  New  York,  which  shall 
remain  unpaid  and  in  arrears  on  the  fifteenth  day  of  January  suc- 
ceeding the  year  in  which  it  shall  have  been  imposed,  may  be 
recovered  with  interests  and  costs,  by  the  receiver  of  taxes  of 
said  city  in  the  name  of  the  City,  in  an  action  in  any  court  of 
record  in  this  State. 

Unpaid  Taxes  and  Assessmejtts,  levied  prior  to  January  1st,  1898  : 
Special  Provision. 

Sec.  937.  All  taxes  and  assessments,  levied  before  the  first 
day  of  January,  1898,  by  lawful  authority,  in  any  of  the  mun- 
icipal and  public  corporations  hereby  consolidated,  including  the 
Counties  of  Kings  and  of  Richmond,  and  that  part  of  the  County 
of  Queens  included  within  The  City  of  New  York,  as  hereby  con- 
stituted, and  which  shall  remain  due  and  unpaid  on  said  first  day 
of  January,  1898,  shall  become  and  be  due  and  payable  to  and 
collectable  by  said  city,  and  all  tax  and  assessment  lists  in  the 
possession  of  any  officer  of  any  of  said  municipal  and  public 
corporations  and  counties,  on  the  31st  day  of  December,  1897, 
shall  be  transmitted  to  and  deposited  with  the  Comptroller 
on  or  immediately  after  the  first  day  of  January,  1898,  and  the 
Comptroller  shall  thereupon  transmit  the  same  to  the  Collector 
of  Assessments  and  Arrears,  for  collection  by  suit,  or  under  and 
pursuant  to  the  laws  in  force  when  the  said  taxes  were  levied, 
or  in  force  when  this  Act  takes  effect. 

447 


Title  2. 

assessments  for  local  improvements  other  than  those 
confirmed  by  a  court  of  record. 

Assessment — Term  How  Construed. 

Section  942.  The  word  assessment,  wherever  used  in  this 
title  and  in  the  next  succeeding  one,  shall  be  construed  to  mean 
an  assessment  for  any  local  improvement  wb.ich  may  be  law- 
fully confirmed  in  any  other  manner  than  by  a  Court  of 
Record. 

Mayor  to  Appoint  a  Board  of  Assessors  ;  salary;  subordinates. 

Sec.  943.  The  Mayor  shall  appoint  five  persons,  who  shall 
constitute  the  Board  of  Assessors.  The  salary  of  each  mem- 
ber of  said  Board  shall  be  three  thousand  dollars  a  year. 
The  said  Board  shall  be  charged  with  the  duty  of  making  all 
assessments,  other  than  those  required  by  law  to  be  confirmed 
by  a  Court  of  Record,  for  local  improvements  for  which 
assessments  may  be  legally  imposed  in  any  part  of  The  City 
of  New  York  as  hereby  constituted.  The  said  Board  shall 
appoint  a  secretary  and  such  clerks  and  subordinates  as  may  be 
necessary,  and  shall  fix  their  salaries,  not  exceeding  in  the 
aggregate  the  appropriation  made  for  such  purpose  in  the  final 
estimate. 

The  secretary,  clerks  and  subordinates  of  the  Board  of 
Assessors  of  the  Mayor,  Aldermen  and  Commonalty  of  the 
City  of  New  York,  shall  be  and  act  as  secretary,  clerks  and 
subordinates  of  the  Board  of  Assessors  herein  provided  for 
until  and  unless  they  shall  be  removed  or  superseded  by  the 
last-mentioned  Board  of  Assessors. 

The  Board  of  Revision  of  Assessments. 

Sec.  944.  The  Comptroller,  Corporation  Counsel  and  Presi- 
dent of  the  Board  of  Public  Improvements  shall  constitute  the 
Board  of  Revision  of  Assessments.  The  said  Board,  or  a  majority 
thereof,  shall  have  and  perform  all  the  powers  and  duties  rela- 
tive to  the  revision,  correction  and  confirmation  of  assessments 
specified  in  the  various  laws  and  ordinances  relating  to  assess- 
ments in  any  part  of  TheCity  of  New  York,  as  hereby  constituted, 

448 


other  than  assessments  made  by  Commissioners  appointed  by  a 
Court  of  ^Record,  and  other  than  those  confirmed  by  the  Board 
of  Assessors;  said  Board  shall  have  power  to  consider,  on  the 
merits,  all  objections  made  to  any  such  assessment,  and  to  sub- 
poena and  examine  witnesses  in  relation  thereto,  and  to  confirm 
said  assessment,  or  to  refer  the  same  back  to  the  Board  of 
Assessors  for  revisal  and  correction  in  such  respects  as  it  may 
determine.  The  revision  of  such  assessments  shall  be  made 
without  delay,  so  that  unless  the  same  are  referred  back  for 
revisal  and  correction  they  shall  be  confirmed  within  thirty 
days  from  the  time  they  shall,  respectively,  be  presented  for 
confirmation,  and  if  not  so  confirmed  or  referred  back  they 
shall  be  deemed  to  be  confirmed  at  the  expiration  of  thirty 
days  from  the  time  they  shall  be,  respectively,  so  presented 
for  confirmation.  All  such  assessments,  immediately  upon 
confirmation,  shall  be  transmitted  to  the  Comptroller  for  entry 
and  collection. 

Powers  of  the  two  Boards. 

Sec.  945.  In  addition  to  the  powers  herein  specifically  con- 
ferred upon  the  Board  of  Assessors  and  the  Board  of  Revision, 
the  said  Boards  shall  have  and  exercise,  as  to  the  whole  terri- 
tory embraced  in  The  City  of  New  York,  each  and  every  power 
and  authority  conferred  upon  and  exercised  by  the  Board  of 
Assessors,  and  the  Board  of  Revision  and  Correction  of  As- 
sessments, respectively,  of  the  corporation  heretofore  known 
as  The  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York. 

Certificates  on  which  Assessments  are  Made. 

Sec.  946.  All  assessments  shall  be  made  by  the  Board  of  As- 
sessors on  the  following  ceitificates,  to  wit: 

1.  The  officer  or  head  of  the  Board  or  Department  charged 
with  the  execution  of  the  work  in  question,  shall  certify  to  the 
Board  ot  Assessors  the  total  amount  of  all  the  expenses  which 
shall  have  been  actually  incurred  by  The  City  of  New  York  oti 
account  thereof. 

2.  The  Comptroller  shall  certify  to  the  Board  of  Assessors 
the  amount  of  the  interest,  at  the  legal  rate,  upon  the  several 

449 


instalments  advanced  or  payments  made  on  account  of  such 
work,  from  the  time  of  such  payment  or  advance,  by  the  City, 
to  a  day  sixty  days  after  the  date  of  such  certificate.  There- 
after the  Board  of  Assessors  shall  assess  upon  the  property 
benefited,  in  the  manner  authorized  by  law,  the  aggregate 
amount  of  such  certificates,  or  such  proportion  thereof  as  is 
authorized  by  law,  and  the  said  Board  shall  not  in  any  way  be 
enjoined,  restrained,  hindered  or  delayed  in  the  performance 
of  this  duty,  provided  that  nothing  contained  in  this  section 
shall  be  construed  to  affect  the  powers  of  the  Board  of  Revis- 
ion of  Assessments. 

Assessment  not  to  exceed  one -half  the  valuation. 

Sec.  947.  The  Assessors  shall  in  no  case  assess  any  house 
or  lot,  improved  or  unimproved  lands,  more  than  one-half  the 
fair  value  of  such  house,  lot,  improved  or  unimproved  lands. 

Assessment  for  repaving  :  when  forbidden. 

Sec.  948.  Unless  it  shall  be  petitioned  for  by  a  majority  of 
the  owners  of  the  property  (who  shall  also  be  the  owners  of  a 
majority  of  the  front  feet),  on  the  line  of  the  proposed  improve- 
ment, no  assessment  shall  be  imposed  for  the  paving  of  any 
street,"or  any  portion  thereof,  which  has  been  once  paved,  and 
the  expense  thereof_jpaid  by_the^owners  of  the  adjoining  pro{>- 
erty.  This  section,  however,  shall  apply  only  to  the  streets 
within  the  territory  of  the  corporation  formerly  known  as  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York. 

How  property  shall  be  described  by  the  Assessors. 

Sec.  949.  In  all  cases  the  Assessors  shall  describe  in  the  as- 
sessment the  property  assessed  by  the  same  ward  or  block 
numbers,  or  other  designations  as  shall  be  used  to  designate 
the  said  property  on  theltax  books  of  The  City  of  New  York. 
They  shall  also  describe  the  houses  and  lots  assessed  by  their 
street  numbers,  if  any.  The  Assessors  shall  also  state  the 
name  of  the  owner  or  owners  and  occupant  or  occupants,  if 
they  be  known  to  the  Assessors,  and  it  shall  be  their  duty  to 
ascertain,  as  far  as  may  be,  by  inquiry'from  the  Commissioners 
of   Taxes    and    Assessments    or    others,    such    ownership    and 

450 


occupation,  and  such   Commissioners  shall  afford   the   requisite 
information. 

Notice  of  completion  of  assesssments  to  be  given. 

Sec.  950.  It  shall  be  the  duty  of  the  Board  of  Assessors, 
when  it  has  completed  any  proposed  assessment,  to  give  notice 
of  the  fact  and  that  it  is  proposed  to  lay  the  same  to  the  owner 
or  owners;  such  notice  shall  be  published  daily  in  the  "City 
Record"  and  the  corporation  newspapers,  for  at  least  ten  days  suc- 
cessively. The  notice  shall  describe  the  limits  within  which  it  is 
proposed  to  lay  the  said  assessment,  and  shall  contain  a  request 
for  all  persons  whose  interests  may  be  affected  thereby,  and  who 
may  be  opposed  to  the  same,  to  present  their  objections,  in  writing, 
to  the  Secretary  of  the  Assessors  within  thirty  days  from  the  date 
of  such  notice,  and  specifying  a  time  and  place  after  the  expiration 
of  the  said  thirty  days  when  and  where  the  said  objections  will 
be  heard  and  testimony  received  in  reference  thereto  if  after 
hearing  and  examining  such  objections  and  testimony,  the  assess- 
ors shall  not  deem  it  proper  to  alter  their  assessment,  or  having 
altered  it  there  shall  still  be  objections  to  the  same,  it  shall  be 
their  duty  to  present  such  objections  with  the  proposed  assess- 
ment to  the  Board  of  Revision  of  Assessments. 

If  no  objections  shall  be  received,  or  if  the  Board  of  Assess- 
ors shall  alter  the  assessment  so  as  to  satisfy  the  objectors,  said 
Board  shall  forthwith  declare  the  said  assessment  confirmed, 
and  shall  transmit  the  same  to  the  Comptroller]  for  entry 
and  collection. 

An  assessment  so  confirmed  shall  be  of  the  same  force  and 
effect  as  if  confirmed  by  the  Board  of  Revision. 

Award  of  damages  for  changes  of  grade  ;  liability  in  such  cases. 

Sec.  951.  All  cases  where  a  change  of  grade  of  any  street 
or  avenue  has  been  made  prior  to  the  taking  effect  of  this  Act, 
shall,  as  to  the  liability  to  make  compensation  for  damages 
caused  by  such  change  of  grade,  be  governed  by  the  laws  in 
force  at  the  time  such  change  of  grade  was  made.  After  the 
taking  effect  of  this  Act  there  shall  be  no  liability  to  abutting 
owners  for  originally  establishing  a  grade  ;  nor  any  liability 
for  changing  a  grade  once  established  by  lawful  authority, 
except  where  the   owner^of  the  abutting   property  has    subse- 

451 


quently  to  such  establishment  of  grade  built  upon  or  otherwise 
mproved  the  property  in  conformity  with  such  established 
grade,  and  such  grade  is  changed  after  such  buildings  or 
improvements  have  been  made.  In  such  cases  damages  occa- 
sioned by  such  change  of  grade  to  such  buildings  and  improve- 
ments shall  be  ascertained  and  assessed  in  connection  with  and 
as  a  part  of  the  expenses  of  grading  or  otherwise  improving 
the  street  or  avenue  in  conformity  with  the  grade  as  changed. 
A  grade  shall  be  deemed  established  by  lawful  authority  within 
the  meaning  of  this  section  where  it  was  originally  adopted 
b)"  the  action  of  the  public  authorities,  or  where  the  street  or 
avenue  has  been  used  by  the  public  as  of  right  for  twenty 
years  and  been  improved  by  the  public  authority  at  the  expense 
of  the  public  or  of  the  abutting  owners. 

All  laws  inconsistent  herewith  are  hereby  repealed. 
In  case  the  grade  of  any  such  street  shall  be  changed,  and 
the  same  shall  have  been  regulated  and  graded  according  ta 
the  new  grade,  after  the  certificate  of  the  cost  of  such  regu- 
lating and  grading  shall  have  been  received  by  the  Board  of 
Assessors,  it  shall  be  the  duty  of  the  said  Board  to 
cause  to  be  published  in  the  "City  Record"  and  the 
corporation  newspapers,  for  at  least  ten  days  successively, 
a  notice  which  shall  contain  a  request  for  all  persons  claim- 
ing to  have  been  injured  by  the  said  change  of  grade  to 
present,  in  writing,  to  the  Secretary  of  the  Board  of  Assessors, 
their  claims,  specifying  a  place  where  and  a  time  when  the 
said  Board  will  receive  evidence  and  testimony  of  the  nature 
and  extent  of  such  injury. 

After  hearing  and  considering  the  said  testimony  and 
evidence  the  Board  of  Assessors  shall  make  such  awards  for 
such  loss  and  damage,  if  any,  as  it  may  deem  proper.  The 
amount  of  the  said  awards  shall  be  included  in  the  assessment 
for  the  regulating  and  grading  of  the  street  in  question,  as  a 
part  of  the  expense  thereof,  and  the  said  award,  and  the 
proceedings  of  the  Assessors  in  relation  thereto,  shall  be  subject 
to  review  by  the  Board  of  Revision  of  Assessments. 

Foregoing  Section — How  Construed. 

Sec.  952.     The  foregoing  section  shall  not  be  construed  to 

452 


authorize  the  making  of  an  award  for  loss  or  damage  caused  by 
change  of  grade  in  any  case  in  which  an  award  could  not  legally 
be  made  under  laws  existing  immediately  previous  to  the  pas- 
sage of  this  Act,  and  affecting  any  part  of  the  territory  of  The 
Mayor,  Aldermen  and  Commonalty  of  The  City  of  New  York 
nor  shall  it  be  construed  to  affect  the  powers  of  any  commission 
acting  under  any  laws  of  this  State. 

Awards — When  to  be  paid ;  Action  for  Default. 

Sec.  953.  The  City  of  New  York  shall,  within  four  months 
after  confirmation  of  any  assessment,  including  awards  made  in 
pursuance  of  the  last  section  but  one,  pay  to  the  respective  par- 
ties entitled  thereto  the  amount  of  such  awards,  and  in  case  of 
its  neglect  or  failure  to  pay  the  same  at  the  expiration  of  the 
said  period,and  after  demand,  it  shall  be  lawful  for  the  persons 
entitled  to  the  same  to  sue  for  and  recover  the  amount  of  their 
awards.  In  case  any  such  award  or  compensation  shall  be  paid 
to  any  person  not  entitled  thereto,  when  the  same  ought  to 
have  been  paid  to  some  other  person,  it  shall  be  lawful  for  the 
person  to  whom  the  same  ought  to  have  been  paid  to  sue  for 
and  recover  the  same  with  interest  and  costs,  as  so  much  money 
had  and  received  to  his  use  by  the  person  or  persons  respect- 
ively to  whom  the  same  shall  have  been  so  paid ;  provided  that 
when  the  name  or  names  of  the  owner  or  owners,  party  or 
parties,  are  not  set  forth  in  the  report  of  the  Assessors,  or  where 
the  said  owners,  parties  or  persons  -respectively  being  named 
therein  shall  be  insane,  a  married  woman,  under  the  age  of 
twenty-one  years,  or  absent  from  the  city,  or  after  diligent 
search  cannot  be  found,  or  their  title  to  receive  such  awards 
disputed,  it  shall  be  lawful  for  The  City  of  New  York  to  pay 
the  sum  mentioned  in  said  report,  or  that  would  be  coming  to 
such  owners,  parties  nnd  persons  respectively,  to  the  Chamber- 
lain, to  be  secured,  disposed  of  and  invested  as  the  Supreme 
•Court  shall  direct,  and  such  payments  shall  be  as  valid  and 
effectual  in  all  respects  as  if  made  to  the  said  owners,  parties 
and  persons  respectively  themselves,  according  to  their  just 
rights,  if  they  had  been  known  andhadbeenpersonsoff.il 
age,  single  women  and  of  sound  mind. 

Assessments  for  deepening  water  in  docks,  etc. 

Sec.  954.  The  expense  of  conforming  to  any  order  or  direc- 

453 


tion  made  in  accordance  with  section  832  of  this  Act,  or  of  car- 
rying the  same  into  effect,  shall  be  estimated  and  assessed  by 
the  Board  of  Assessors  upon  or  among  the  owner  or  owners  of 
any  or  every  wharf,  pier,  dock,  bulk-head,  piece  of  land,  water- 
right,  or  privilege,  near  or  adjacent  to  which  any  such  water 
may  be  deepened,  and  which  may  in  any  manner  be  benefited 
thereby,  in  proportion,  as  nearly  as  may  be,  to  the  advantage 
which  each  shall  be  deemed  to  acquire.  Every  such  estimate 
and  assessment,  after  confirmation,  shall  be  binding  and  conclu- 
sive upon  the  owners  thereby  assessed  respectively,  and  shall  be 
a  lien  or  charge  upon  the  property  or  premises  in  respect  to 
which  the  same  may  have  been  made. 


Title  3. 


VACATING  AND   MODIFYING  ASSESSMENTS  FOR  LOCAL   IMPROVE- 
MENTS  OTHER   THAN   THOSE   CONFIRMED    BY 
A   COURT   OF   RECORD. 

Remedies  limited. 

Section  958.  No  suit  or  action  in  the  nature  of  a  bill  in  equity  or 
otherwise  shall  be  commenced  for  the  vacation  of  any  assessment 
in  said  city,  or  to  remove  a  cloud  upon  title;  but  owners  of  property 
shall  be  confined  to  their  remedies  in  such  cases  to  the  proceedings 
under  this  title. 

Petition  to  the  Supreme  Court  in  case  of  fraud  or  substantial  error. 

Sec,  959.  If  in  the  proceedings  relative  to  any  assessment  or  as- 
sessments for  local  improvements,  or  in  the  proceedings  to  collect 
the  same,  any  fraud  or  substantial  error  shall  be  alleged  to  have 
been  committed,  the  party  aggrieved  thereby  may  apply  to  a  Jus- 
tice of  the  Supreme  Court  in  special  term  or  in  vacation,  who  shall 
thereupon,  upon  due  notice  to  the  Corporation  Counsel,  pro- 
ceed forthwith  to  hear  the  proofs  and  allegations  of  the  parties.  If, 
upon  such  hearing,  it  shall  appear  that  the  alleged  fraud  or  substan- 
tial error,  other  than  such  errors  as  are  specified  in  the  next  section, 

454 


has  been  committed  as  provided  in  this  title,  the  said  assessment 
shall  be  vacated  or  modified,  and  the  lien  created  thereby,  or  by 
any  subsequent  proceedings,  shall  cease.  If,  upon  such  hearing,  it 
shall  appear  that,  by  reason  of  any  alleged  irregularity,  the  expense 
of  any  local  improvement  has  been  unlawfully  increased,  the  judge 
may  order  that  such  assessment  upon  the  lands  of  said  aggrieved 
party  be  modified  by  deducting  therefrom  such  sum,  as  is  in  the  same 
proportion  to  sudh  assessment  as  is  the  whole  amount  of  such  un- 
lawful increase  to  the  whole  amount  of  the  expense  of  such  local  im- 
provement. Any  order  that  may  be  made  by  a  Justice  under 
authority  of  this  section  shall  be  filed  in  the  office  of  the  County 
Clerk  of  the  County  in  which  the  lands  are  situated,  and  after 
the  filing  of  a  certified  copy  thereof  with  the  officer  having 
charge  of  the  assessment,  it  shall  be  his  duty  to  cancel  or  re- 
duce the  assessment  as  required  by  the  order,  or  do  any  other 
act  required  thereby. 

Assessments  not  to  be  set  aside  for  certain  irregularities  and  technicali- 
ties. 

Sec.  960.  No  assessment  heretofore  made  or  imposed,  or 
which  shall  hereafter  be  made  or  imposed  for  any  local  improve- 
ment or  other  public  work,  already  completed  or  now  being 
made  or  performed,  or  which  shall  hereafter  be  made,  done,  or 
performed,  shall  hereafter  be  vacated  or  set  aside  for  or  by  reason 
of  any  omission  to  advertise,  or  irregularity  in  advertising  any  ordi- 
nance, resolution,  notice,  or  other  proceeding  relative  to,  or  auth- 
orizing the  improvement  or  work  for  which  such  assessment  shall 
have  been  made  or  imposed,  or  for  proposals  to  do  the  work,  or  for 
or  by  reason  of  the  omission  of  any  officer  to  perform  any  duty  im- 
posed upon  him,  or  for  or  by  reason  of  any  defect  in  the  authority 
of  any  department  or  officer  upon  whose  action  the  assessment  shall 
be  in  any  manner  or  to  any  extent  dependent,  or  for  or  by  reason  of 
any  omission  to  comply  with  or  carry  out  any  detail  of  any  law  or  or- 
dinance, or  for  or  by  reason  of  any  irregularity  or  technicality,  ex- 
cept only  in  cases  in  which  fraud  shall  be  shown  and  in  case  of 
an  assesssment  for  repaving  any  street  or  public  place,  upon  prop- 
erty for  which  an  assessment  has  once  been  paid  for  paving  the  same 

455 


street  or  public  place ;  and  all  property  in  said  city  benefited  by  any 
improvement  or  other  public  work  already  completed,  or  now  being 
made  or  performed,  and  hereafter  made,  done,  or  performed,  except 
as  aforesaid,  shall  be  liable  to  assessment  for  such  improvement  or 
work,  and  all  assessments  for  any  such  improvement  or  other  pub- 
lic work  shall  be  valid  and  binding  notwithstanding  any  such  omis- 
sion, irregularity,  defect  in  authority,  or  technicality.  No  assess- 
ment shall  be  vacated  by  reason  of  fraud  or  irregularity  in  the 
proceedings  to  collect  the  same  by  sale  of  the  assessed  premises ; 
but,  upon  proof  of  such  fraud  or  irregularity,  such  sale  shall  be 
set  aside  and  the  respective  rights  and  liabilities  of  the  assessed 
person  and  of  the  City  of  New  York  shall  become  and  be  the 
same  as  if  such  sale  had  not  been  made. 

All  claims  may  be  embraced  in  one  proceeding. 

Sec.  961 .  Any  person  applying  for  relief,  under  the  provisions 
of  this  title,  may  embrace  in  one  proceeding  any  or  all  assessments 
for  local  improvements  in  which  he  is  interested. 

Power  of  court  to  vacate  or  reduce  assessments  limited  and  qualified. 

Sec.  962.  No  court  shall  vacate  or  reduce  any  assessment 
in  fact  or  apparent,  whether  void  or  voidable,  on  any  property 
for  any  local  improvement,  otherwise  than  to  reduce  any 
such  assessment  to  the  extent  that  the  same  may  be  shown 
by  parties  complaining  thereof  to  have  been  in  fact  increased  in 
dollars  and  cents  by  reason  of  fraud  or  substantial  error ;  and  in  no 
event  shall  that  proportion  of  any  such  assessment,  which  is  equivar 
lent  to  the  fair  value  or  fair  cost  of  any  actual  local  improve- 
ment, with  interest  at  the  rate  of  three  per  centum  per  annum 
from  the  date  of  confirmation  to  the  date  of  the  final  order  of 
reduction,  and  seven  per  centum  thereafter,  be  disturbed  for 
any  cause. 

The  provisions  of  this  section  shall  apply  to  actions  to  recover 
money  paiid  for  assessments,  and  the  amount  recovered  sihall  be 
limited  to  the  excess  over  the  fair  value  or  fair  cost  of  the 
improvement. 

456 


When  proceeding  to  vacate,  etc.,  to  be  brought. 

Sec.  963.  All  proceedings  to  vacate  or  reduce  assessments 
in  the  City  of  New  York  must  be  brought  within  one  year  after 
the  confirmation  thereof. 


jRe-assessment. 

Sec.  964.  Any  lands  which  may  be  discharged  from  any  lien  for 
an  assessment  for  any  local  improvement  maybe  again  assessed,  in 
the  manner  provided  by  law,  for  such  amount  as  would  have  been 
justly  chargeable  if  fraud  or  irregularity  had  not  been  committed; 
and  the  amount  so  assessed  shall  be  a  lien  on  said  lands  until  paid, 
and  shall  be  collectable  in  the  manner  provided  by  law  for  the  col- 
lection of  assessments,  but  all  proceedings  to  make  a  new  assess- 
ment shall  be  at  the  expense  of  the  City. 


Title  4. 


OPENING  STREETS  AND  PARKS. 

Authority  to  open  streets. 

Sec.  970.  The  City  of  New  York  is  authorized  to  acquire 
title  for  the  use  of  the  public  to  all  or  any  of  the  lands  required 
for  streets,  parks,  approaches  to  bridges  and  tunnels,  sites  or 
lands  above  or  under  water  for  bridges  and  tunnels,  and  sites  or 
lands  above  or  under  water,  for  all  improvements  of  the  navi- 
gation of  waters  within  or  separating  portions  of  the  City  of 
New  York,  or  of  the  water  fronts  of  the  City  of  New  York,  or 
part  or  parts  thereof,  heretofore  duly  laid  out  upon  the  map 
or  plan  of  the  City  ot  New  York,  of  the  City  of  Brooklyn,  of 
Long  Island  City  or  of  any  of  the  territory  by  this  Act  con- 
solidated with  the  City  of  New  York,  or  hereafter  duly  laid  out 
upon  the  map  or  plan  of  The  City  of  New  York,  as  herein  con- 
stituted, and  to  cause  the  same  to  be  opened.     The   Board  of 

457 


Public  Improvements  is  authorized  to  direct  the  same  to  be 
done  whenever  and  as  often  as  it  shall  deem  it  for  the  public 
interests  so  to  do.  The  lands,  tenements  and  hereditaments 
that  may  be  required  for  such  purposes  may  be  taken  therefor, 
and  compensation  and  recompense  made  to  the  parties  and 
persons,  if  any  such  there  shall  be,  to  whom  the  loss  and  damage 
thereby  shall  be  deemed  to  exceed  the  benefit  and  advantage 
thereof,  for  the  excess  of  the  damage  over  and  above  the  value 
of  said  benefit. 

The  City  of  New  York  is  authorized  to  make  application,  or 
to  cause  application  to  be  made, to  the  Supreme  Court  of  this  State 
in  the  first  or  second  Judicial  Departments,  as  the  case  may  be,  for 
the  appointment  of  Commissioners  of  Estimate  and  Assessment  to 
ascertain  and  determine  the  compensation  and  recompense  which 
should  justly  be  made  to  the  respective  owners,  lessees,  parties  and 
persons  respectively  entitled  unto  or  interested  in  the  lands,  tene- 
ments, hereditaments  and  premises  proposed  to  be  taken  for  any  of 
the  purposes  aforesaid,  and  to  assess  the  cost  of  such  improvement, 
of  such  proportion  thereof  as  the  Board  of  Public  Improvements 
directs,  upon  such  parties  and  persons,  lands  and  tenements  as  may 
be  deemed  to  be  benefited  thereby.  Streets  or  portions  thereof 
which  are  continuations  of  each  other  in  the  same  general  direction 
may  be  embraced  in  the  same  proceeding.  The  moneys  collected 
tipon  the  assessment  of  the  Commissioners  of  Estimate  and  Assess- 
ment shall  be  paid  into  the  city  treasury.  The  damages  awarded 
by  the  Commissioners  of  Estimate  and  Assessment  sliall  become 
due  and  payable  immediately  upon  the  confirmation  of  the  report 
of  said  Commissioners  of  Estimate  and  Assessment. 

Removal  of  buildings. 

Sec.  971.  The  Board  of  Public  Improvements  may  permit 
any  building  which  shall  be  either  partly  or  wholly  included 
within  the  limits  of  any  such  street,  or  park  laid  out  in  the  said 
City,  and  so  to  be  opened  as  aforesaid,  to  remain  unremoved 
for  such  time  or  times  as  they  shall  think  proper. 


458 


Columbia  College,  St.  John's  College  and  University  of  the  City  of 
New  York:  streets  not  to  be  opened  through  grounds  of. 

Sec.  972.  It  shall  be  unlawful  to  open  any  streets  through 
the  grounds  belonging  to  the  corporation  of  St,  John's  College, 
in  ifts  actual  occupation  at  what  was  formerly  known  as  Fordham, 
or  through  or  upon  any  part  of  the  land  and  premises  now  owned 
by  the  University  of  the  City  of  New  York,  extending  from  Sed*g- 
wick  avenue  to  Aqueduct  avenue,  in  the  City  of  New  York,  and 
lying  immediately  south  of  and  adjacent  to  One  Hundred  and 
Eighty-first  street,  sometimes  called  University  avenue,  so  long 
as  the  same  shall  be  owned  or  occupied  for  educational  purposes 
by  the  said  university;  provided,  however,  that  nothing  in  this 
section  contained  shall  be  construed  to  interfere  with  the  opening 
of  One  Hundred  and  Eighty-first  street,  between  Andrews  avenue 
and  Aqueduct  avenue,  at  any  time  hereafter,  and  provided  that  the 
said  University  of  the  City  of  New  York  shall  dedicate  without 
claim  or  reward  for  damages  all  of  the  land  required  for  East  One 
Hundred  and  Eighty-first  street,  between  Andrews  avenue  and 
Aqueduct  avenue.  No  street  from  One  Hundred  and  Sixteenth 
street  to  One  Hundred  and  Twentieth  street,  or  from  Amsterdam 
avenue  to  the  Boulevard  shall  at  any  time  be  opened  through  the 
grounds  of  Columbia  College,  so  long  as  such  grounds  are  owned  or 
occupied  for  educational  purposes. 

Application  for  the  appointment  of  commissioners. 

Sec.  973.  Whenever  the  opening  of  any  street  shall  have  been 
duly  authorized  and  directed,  as  provided  in  this  Act,  it  shall  be  the 
duty  of  the  Corporation  Counsel  immediately  to  institute  a  proceed- 
ing to  acquire  title  for  the  use  of  the  public  to  the  land  required 
for  such  street,  and  upon  due  notice  by  advertisement  duly  pub- 
lished in  the  "  City  Record  "  and  the  corporation  newspapers 
for  ten  days,  and  by  causing  copie;^  of  the  same  in  hand- 
bills to  be  posted  for  the  same  space  of  time  in  three  con- 
spicuous places  adjacent  to  the  property  to  be  affected  by  the  in- 
tended improvement,  to  make  application  to  the  Supreme  Court, 

459 


in  the  appropriate  department  thereof  within  the  City,  and  in  the 
manner  appropriate  to  proceedings  for  the  appointment  of  commis- 
sioners of  estimate  and  assessment,  indicating  in  such  application 
the  land  required  for  that  purpose  by  reference  to  the  maps  on  file 
in  his  office. 

Upon  such  an  application  it  shall  be  lawful  for  the  said  court 
to  nominate  and  appoint  three  discreet  and  disinterested  persons, 
being  citizens  of  the  United  States, Commissioners  of  Estimate  and 
Assessment  in  said  proceeding,  for  the  performance  of  the  duties 
in  this  chapter  mentioned.  The  Corporation  Counsel  may  nominate 
three  discreet  and  disinterested  persons  to  said  court,  of  whom  it 
may  designate  one  'who  may  be  appointed.  Any  person  who 
may  be  interested  in  the  property  which  will  be  affected  by  the  in- 
tended improvement,  which  interest  for  this  purpose  shall  be  de- 
cided by  his  own  affidavit  stating  the  nature  and  extent  of  such  in- 
terest, may  present  to  the  court  the  name  of  one  or  more  persons 
whose  names  shall  form  a  list  out  of  which,  if  a  majority  in  in- 
terest of  the  persons  so  interested  shall  agree  upon  the  name  of 
one  person,  that  person  may  be  appointed;  but  if  a  majority  shall 
not  agree  upon  one  person,  then  the  court  may  appoint  one  person 
out  of  the  names  on  such  list,  after  which  the  said  court  may  appoint 
a  third  person  out  of  the  names  so  presented  by  the  Corporation 
Counsel  and  by  the  parties  interested;  all  of  which  persons  so  named 
shall  be  subject  to  the  right  of  challenge  on  the  ground  of  inter- 
est, incapacity  or  disqualification  to  be  exercised  by  the  Corporation 
Counsel  or  by  any  person  having  an  interest  in  the  said  proceed- 
ings; and  if  any  of  them  be  rejected  for  good  cause,  or  refuse  to 
serve,  then  another  may  be  nominated  in  his  stead  by  the  same  party. 

Amendment  of  defects. 

Sec.  974.  Said  court  shall  have  power  at  any  time  to  amend  any 
defect  or  informality  in  any  special  proceeding  authorized  by  this 
■title,  that  may  be  necessary,  or  to  cause  property  to  be  affected 
thereby  to  be  excluded,  or  other  property  to  be  included  therein  by 
amendment,  upon  ten  days'  notice  published  and  posted  as  afore- 
said, and  to  direct  such  further  notices  to  be  given  to  any  party  in 

460 


interest  as  it  deems  proper,  and  also  to  appoint  other  commissioners 
in  place  of  any  who  shall  die,  or  refuse,  or  neglect  to  serve,  or 
be  incapable  of  serving,  or  be  removed.  If,  in  any  particu- 
lar, it  shall,  at  any  time  be  found  necessary  to  amend  any  peH- 
tion,  pleading,  proceeding  or  order,  or  to  supply  any  defect 
therein,  arising  in  the  course  of  any  special  proceeding  author- 
ized by  this  title,  the  same  may  be  amended  or  supplied  in  such 
manner  as  shall  be  directed  by  the  Supreme  Court,  which  is  hereby 
authorized  to  make  such  amendment  or  corrections. 

Vacancies  among  commissioners:  how  filled. 

Sec.  975.  Incase  of  the  death,  resignation,  refusal  to  act,  or  fail- 
ure to  qualify  within  ten  days  after  his  appointment  of  any  such  Com- 
missioner of  Estimate  and  Assessment,  to  be  appointed  under  and  by 
virtue  of  this  title,  for  any  such  aforesaid  purpose,  it  shall  and  may  be 
lawful  for  the  court  aforesaid,  or  of  any  of  the  justices  thereof,  on  the 
application  of  the  City,  on  notice  only  to  any  person  interested  who 
may  have  appeared  on  the  prior  application,  as  often  as  such  event 
shall  happen,  to  appoint  a  discreet  and  disinterested  person,  being  a 
citizen  of  the  United  States,  in  the  place  and  stead  of  such  commis- 
sioner so  dying,  resigning,  refusing  to  act,  or  failing  to  qualify,  and 
the  surviving  or  acting  commissioners,  as  the  case  may  be,  shall  have 
power  to  proceed  in  the  execution  of  the  duties  of  their  appointment, 
until  a  successor  of  the  commissioner  so  dying,  resigning,  or  refus- 
ing to  act,  or  failing  to  qualify,  shall  be  appointed. 

Two  commissioners  may  act. 

Sec.  976.  In  all  and  every.case  of  the  appointment  of  commis- 
sioners by  the  court  aforesaid,  for  any  of  the  purposes  aforesaid,  it 
shall  be  competent  and  lawful  for  any  two  of  such  said  commissioners 
so  to  be  appointed,  to  proceed  to  and  execute  and  perform  the  trusts 
and  duties  of  their  said  appointment,  and  their  acts  shall  be  as  valid 
and  effectual  as  the  acts  of  all  the  commissioners  so  to  be  appointed 
for  such  said  purpose  if  they  had  acted  therein  would  have  been.  In 
all  cases  the  acts,  decisions,  and  proceedings  of  the  major  part  of  such 

461 


of  the  commissioners  to  be  appointed  for  any  of  the  purposes  afore- 
said as  shall  be  acting  in  the  premises,  shall  always  be  as  binding, 
valid  and  effectual  as  if  the  said  commissioners  named  and  appointed 
for  such  purpose  had  all  concurred  and  joined  therein. 

Oath  of  commissioners. 

Sec.  977.  Commissioners  when  they  are  appointed  and  before 
they  enter  upon  the  performance  of  the  duties  of  their  appointment, 
snail  severally  take  and  subscribe  before  some  person  authorized  by 
law  to  administer  oaths,  the  following  oath  or  affirmation:  "I  do 
solemnly  swear  (or  affirm)  that  I  will  suppKDrt  the  Constitution  of  the 
United  States  and  the  Constitution  of  the  State  of  New  York,  and 
that  I  will  faithfully  discharge  the  duties  of  the  office  of  commissioner 
accordmg  to  the  best  of  my  ability."  Such  oath  or  affirmation  shall 
D€  filed  in  the  office  of  the  clerk  of  the  county  in  which  the  order  ap- 
pointing the  said  cominiissioners  has  been  entered. 

Commissioners  to  view  and  give  notice  of  their  appointment. 

Sec.   978.  It  shall  be  the  duty  of  the  said  commissioners  when 

appointed  in  a  proceeding,  to  view  the  lands,  tenements  and  premises 
to  be  thereby  acquired,  and  lands,  tenements,  hereditaments,  and 
premises  adjacent  thereto,  if  they  shall  deem  such  view  to  be  neces- 
sary or  useful.  They  shall  cause  to  be  published  in  the  "City 
Record"  notice  of  their  appointment,  containing  a  brief  statement  of 
the  purposes  for  which  they  have  been  appointed,  and  requiring  all 
parties  and  persons  interested  in  the  real  estate  taken  or  to  be  taken 
for  the  purpose  of  opening,  extending,  enlarging,  straightening, 
altering  or  otherwise  improving  the  said  street  or  park  affected 
thereby,  and  having  any  claim  or  demand  on  account 
thereof,  to  present  the  same  to  them  duly  verified,  with  such 
affidavit  or  other  proof  as  the  owners  or  claimants  may 
desire, within  twenty  days  after  the  date  of  such  notice,  and  stating  a 
time  and  place  after  the  expiration  of  said  twenty  days  when  the 
said  parties  and  persons  shall  be  heard  in  relation  thereto  by  the 
said  commissioners.    At  the  time  and  place  fixed  by  said  notice,  or 

462 


at  any  such  further  or  other  times  and  places  as  the  said  commis- 
sioners may  appoint,  the  said  commissioners  shall  hear  such  owners 
and  examine  the  proof  of  such  claimant  or  claimants,  or  such  ad- 
ditional proof  and  allegations  as  may  then  be  oflfered  by  such 
owners,  or  on  behalf  of  the  City  of  New  York. 

Certain  Pozvers  of  Commissioners. 

Sec.  979.  It  shall  be  lawful  for  the  Commissioners  of  Estimate 
and  Assessment  duly  appointed  in  proceedings  authorized  by  this 
title  to  administer  oaths.  And  the  said  commissioners  may,  as  a 
condition  for  the  opening  of  a  default,  require  the  party  applying 
therefor  to  pay  the  fees  of  the  commissioners,  and  the  clerical 
expenses  of  the  commissioners,  for  the  additional  meeting  or  meet- 
ings of  the  commissioners  made  necessary  by  the  fault  of  such  par- 
ty. They  shall  reduce  any  testimony  taken  before  them  to  writing. 
They  may  cause  such  maps  or  diagrams  to  be  prepared,  if  they  deem 
the  same  necessary,  as  will  enable  or  assist  them  to  hear  and  de- 
termine the  claims  or  interests  of  the  said  owners  and  persons  inter- 
ested. From  the  surveys  and  maps  furnished  to  or  prepared  by  them 
and  such  other  information  as  the  said  commissioners  shall  possess 
or  obtain,  they  shall  cause  diagrams  to  be  prepared  which  shall  dis- 
tinctly indicate,  by  separate  numbers,  the  names  of  the  owners  of  or 
the  claimants  to  the  respective  plots  or  parcels  of  land  to  be  taken  or 
assessed  by  such  proceeding,  and  which  shall  also  specify,  in  figures, 
with  sufficient  accuracy,  the  dimensions  and  bounds  of  each  said 
tracts  or  parcels. 

The  said  commissioners,  before  the  completion  of  their  esti- 
mate and  assessments,  may  obtain  from  the  City  of  New  York  a 
profile  or  plan,  if  they  shall  deem  the  same  useful,  showing  the  in- 
tended regulation  of  the  street,  or  part  of  a  street,  with 
regard  to  the  opening  of  which  they  have  been  appointed,  as  to 
the  elevation  or  depression  thereof,  after  the  same  shall  be  opened, 
extended,  enlarged,  straightened,  altered,  or  otherwise  improved,  as 
the  case  may  be;  and  also  profiles  or  plans,  if  they  shall  deem  the 
same  useful,  showing  the  intended  regulation  of  the  adjacent  street 

463 


or  streets,  as  to  the  elevation  or  depression  thereof,  after  such  im- 
provement. 

The  said  commissioners  may  require  any  board,  department,  or 
officer  of  the  City  of  New  York  to  furnish  to  them  such  surveys  and 
maps  as  may  be  required  by  them. 

Commissioners  to  ascertain  damages  and  benefit. 

Sec.  980.  After  hearing  such  testimony  and  considering  such 
proofs  as  may  be  offered,  the  commissioners,  or  a  major- 
ity of  them,  all  having  considered  the  same,  or  having  had  an  oppor- 
tunity to  be  present,  shall,  without  unnecessary  delay,  ascertain  and 
estimate  the  compensation  which  ought  justly  to  be  made  by  the  City 
of  New  York  to  the  respective  owners,  lessees,  parties  and  persons 
respectively  entitled  unto  or  interested  in  the  lands,  tenements, 
hereditaments  and  premises  so  required  for  the  improvement;  and 
make  a  just  and  equitable  estimate  and  assessment  also  of  the  value 
of  the  benefit  and  advantage  of  such  improvement  to  the  respective 
owners,  lessees,  parties  and  persons  respectively  entitled  unto  or  in- 
terested in  the  lands,  tenements,  hereditaments  and  premises  not  re- 
quired for  the  said  improvement,  and  prepare  an  abstract  of  their 
estimate  and  assessment.  They  shall  not,  in  making  their  estimate 
and  assessment  of  the  value  of  the  benefit  and  advantage  of  the  said 
improvement,  be  confined  to  any  definite  limit,  but  shall  and 
hereby  are  authorized  to  extend  such  estimate  and  assessment  to  any 
and  all  such  lands,  tenements  and  hereditaments  and  premises  as 
they  may  deem  to  be  benefited  by  the  improvement,  and  which  they 
may  judge  expedient  to  include  in  their  report  in  the  premises.  The 
Board  of  Public  Improvements  may  in  any  case  determine  whether 
any,  and,  if  any,  what  proportion  of  the  cost  and  expense  thereof 
shall  be  borne  and  paid  by  the  City  of  New  York,  and  the  re- 
mainder of  such  cost  and  expense  shall  be  assessed  upon  the 
property  deemed  to  be  benefited  thereby. 

The  said  commissioners  shall  in  no  case  assess  any  house,  lot, 
improved  or  unimproved  lands,  more  than  one-half  the  \alue  of  such 
house,  lot,  improved  or  unimproved  land,  as  valued  by  them.  It 
shall  be  lawful  for  the  said  commissioners,  if  they  shall  deem  it  just 

464 


and  equitable  under  the  circumstances  to  do  so,  but  not  otherwise, 
to  assess  any  part,  not  exceeding  one-third  part  of  the  estimated 
value  of  any  building  or  buildings  taken  in  the  proceeding,  but  not 
of  any  other  improvement,  upon  the  City  of  New  York.  If  the  said 
commissioners  of  estimate  and  assessment  shall  judge  that  any  in- 
tended regulation  will  injure  any  building  or  buildings  not  required 
to  be  taken  for  the  purpose  of  opening,  extending,  enlarging, 
straightening,  altering,  or  improving  such  street  or  part  of  a  street, 
they  shall  proceed  to  make,  together  with  the  other  esti- 
mates and  assessments  required  by  law  to  be  made  by  them,  a  just  and 
equitable  estimate  and  assessment  of  the  loss  and  damage  which  will 
accrue,  by  and  in  consequence  of  such  intended  regulation,  to  the 
respective  owners,  lessees,  parties  and  persons,  respectively,  en- 
titled unto  or  interested  in  the  said  building  or  buildings  so  to  be 
injured  by  the  said  intended  regulation;  and  the  sums  or  estimates 
of  compensation  and  recompense  for  such  loss  and  damage  shall  be 
included  by  the  said  commissioners  in  their  report  and  included  in 
the  assessment  for  benefit. 

Abstract  of  estimate  and  assessment  to  be  deposited. 

Sec.  981.  The  said  commissioners  shall  deposit  in  the  Bureau 
of  Street  Openings  in  the  Law  Department  their  said  abstract  of  their 
estimate  and  assessment  at  least  thirty  days  before  their  report  shalf 
be  presented  to  the  court  for  confirmation,  which  abstract  shall  be 
accompanied  by  copies  of  the  diagrams  used  by  them  and  which  shall 
refer  to  the  numbers  thereby  indicated,  and  state  the  several  sums 
respectively  estimated  for  or  assessed  upon  each  of  said  parcels  with 
the  name  or  names,  claimant  or  claimants,  so  far  as  ascertained  by 
said  commissioners.  They  shall  also  deposit  all  the  affidavits  and 
proofs  used  by  them  in  making  theirreport.  Theyshall  also  publish 
a  notice  for  fifteen  days  in  the  ''  City  Record"  and  in  the  corpora- 
tion newspapers,  and  when  authorized  pursuant  to  this  Act,  in  not 
more  than  one  newspaper  published  in  the  Borough  in  which  the 
property  is  located,  stating  their  intention  to  present  theirreport  for 
confirmation  to  the  said  court  at  a  time  and  place  to  be  specified  in 
said  notice,  and  that  all  persons  interested  in  such  proceedings,  or 

465 


in  any  of  the  lands  affected  thereby,  having  objections  thereto,  shall 
file  the  same,  in  writing,  duly  verified,  with  said  commissioners  with- 
in twenty  days  after  the  first  publication  of  said  notice,  and  that  the 
said  commissioners  will  hear  parties  so  objecting  at  a  place  and  at 
a  time  after  the  expiration  of  said  twenty  days,  to  be  specified  in  sai'd 
notice.  Similar  notice  for  at  least  ten  days  shall  be  given  of  any 
new,  supplemental  or  amended  abstract.  At  the  time  and  place 
named  in  said  notice  the  said  commissioners  shall  hear  the  person 
or  persons  who  have  objected  to  the  said  abstract,  and  who  may 
then  and  there  appear,  and  shall  have  power  to  adjourn  from  time 
to  time  until  all  such  persons  shall  be  fully  heard. 

Amendment  of  abstract. 

Sec.  982.  It  shall  not  be  lawful  for  Commissioner  of  Estimate 
and  Assessment  to  alter  or  amend  any  abstract  or  report,  or  supple- 
mental or  amended  abstract  or  report,  after  the  same  shall  have  been 
deposited  for  inspection  as  required  by  law,  by  increasing  the  amount 
of  any  assessment  for  benefit,  or  diminishing  any  award  for  damage, 
unless  the  person  or  persons,  party  or  parties,  affected  by  such  in- 
crease or  diminution  shall  have  had  notice  thereof  and  an  opportunity 
of  being  heard  before  said  commissioners  before  their  report  shall  be 
presented  to  the  court  for  confirmation. 

Witness:  how  compelled  to  testify. 

Sec.  983.  Upon  the  application  of  any  person  or  persons  whose 
rights  may  be  affected  by  the  said  estimate  or  assessment,  veri- 
fied by  the  oath  or  affirmation  of  such  applicant  or  his  agent,  that 
any  witness,  residing  or  being  in  the  City  of  New  York,  whose 
affidavit  to  verify  or  oppose  any  objection  to  the  said  estimate  or 
assessment  is  material  or  necessary  to  such  party,  refuses  voluntarily 
to  appear  before  any  officer  authorized  to  take  such  affidavit,  to 
testify  or  affirm  to  such  matter  as  he  may  know,  touching  such  ob- 
jection, any  one  of  the  said  commissioners  of  estimate  and  assess- 
ment in  the  proceeding  may  issue  a  subpoena,  under  his  hand,  re- 
quiring such  witness  to  appear  and  testify  to  such  matters  as  he 

466 


may  know  touching  the  said  estimate  or  assessment,  at  such  time 
and  place  as  the  said  commissioner  may  designate  in  such  subpoena. 
And  every  person,  who,  being  served  with  such  subpoena,  shall, 
without  reasonable  cause,  refuse  or  neglect  to  appear,  or  appearing, 
shall  refuse  to  answer,  under  oath  or  affirmation,  touching  the  mat- 
ters aforesaid,  shall  forfeit  to  the  party  injured  one  hundred  dollars; 
and  may  also  be  committed  to  prison  by  any  justice  of  the  Supreme 
Court  upon  application  duly  made  on  behalf  of  the  commissioner 
who  issued  such  subpoena,  there  to  remain,  without  bail 
and  without  the  liberties  of  the  jail,  until  he  shall  submit 
to  answer,  under  oath  or  affirmation  as  aforesaid.  The  testimony  of 
such  witness  when  given  shall  be  reduced  to  writing  in  the  presence 
of  and  be  sworn  or  affirmed  to  before  such  commissioner. 

Commissioners  to  present  report  to  court. 

Sec.  984.  After  considering  the  objections,  if  any,  and 
making  any  correction  or  alteration  of  their  estimate  or 
assessment,  which  said  commissioners,  or  any  two  of  them 
shall  find  to  be  just  and  proper,  the  said  commissioners 
shall  file  the  said  report,  signed  by  them  or  a  majority  of  them,  in 
the  office  of  the  clerk  of  the  county  where  the  lands  are  situated  at 
least  five  days  before  the  time  mentioned  in  said  notice  for  the  pre- 
sentation of  said  report  to  the  court  for  confirmation,  or  the  date 
to  which  the  same  shall  have  been  duly  adjourned.  The  said  com- 
missioners, or  any  person  interested  in  said  proceeding,  shall  noti^ 
the  Corporation  Counsel  and  all  persons  who  have  filed  their  objec- 
tions as  aforesaid,  or  who  have  theretofore  appeared  as  soon  as  the 
said  report  shaill  have  been  filed.  The  Corporation  Counsel  may 
present  the  same  for  confirmation,  or  in  case  of  his  neglect  or  refusal, 
any  person  interested  in  the  lands  taken  or  required  for  said  im- 
provement may  present  the  same,  upon  notice  to  the  Corporation 
Counsel. 

Report:  what  to  contain. 

Sec.  985.  The  report  of  the  commissioners  shall  consist  of  the 
diagram  hereinbefore  referred  to,  duly  corrected,  when  necessary, 

467 


with  a  tabular  abstract  of  the  estimate  and  assessment,  with  any 
corrections  or  alterations  thereof  by  said  commissioners,  showing 
fully  and  separately  to  the  said  court  the  amount  of  loss  and  damage, 
and  of  benefit  and  advantage  to  each  and  every  owner,  lessee,  party 
and  person  entitled  or  interested  in  any  lands,  tenements,  heredita- 
ments, or  premises  aflfected  by  the  improvement.     In  said  report 
the  commissioners  who  shall  make  the  same  shall  set  forth  the  names 
of  the  respective  owners,  lessees,  parties  and  persons  entitled  unto 
or  interested  in  the  said  lands,  tenements,  hereditaments,  and  prem- 
ises mentioned  in  the  said  report,  and  each  and  every  part  and  parcel 
thereof,  as  far  forth  as  the  same  shall  be  ascertained  by  them,  and 
an  apt  and  sufficient  designation  or  description  of  the  respective 
lots  or  |>arcels  of  land  and  other  tenements,  hereditaments  and 
premises  that  may  be  required  for  the  purpose  of  opening  such 
street  or  park,  or  part  thereof  so  to  be  opened,  or  laying  out  and  form- 
ing or  extending  and  enlarging  or  otherwise  improving  such  street  or 
park  so  to  be  laid  out  and  formed,  or  so  to  be  extended,  enlarged 
or  otherwise  improved,  as  the  case  may  be,  and  also  of  the  said  re- 
spective lots  or  parcels  of  land  and  other  tenements,  hereditaments 
and  premises  not  included  within,  but  deemed  to  be  benefited  by  the 
same,  and  so  assessed  by  the  said  commissioners  for  the  said  benefit 
as  aforesaid.     It  shall  refer  to  the  number  of  the  tracts  and  parcels 
indicated  by  said  diagrams,  and  state  the  several  sums  respectively 
estimated  for  or  assessed  upon  each  of  said  tracts  or  parcels,  with 
the  name  or  names  of  the  owners  or  claimants  of  each,  if  ascertained 
by  said  commissioners.     Whenever  the  said  commissioners  shall  be 
unable  to  ascertain  with  sufficient  certainty  the  name  of  any  owner 
of  any  parcel  of  said  lands,  they  shall  indicate  such  parcel  upon  the 
diagram  embracing  it,  as  belonging  to  unknown  owners.     It  shall 
not  be  necessary  in  said  repyort  to  describe  any  of  the  said  tracts  or 
parcels  by  metes  and  bounds,  but  only  by  reference  to  the  said  dia- 
grams.    It  shall  also  set  forth  the  several  and  respective  sums  esti- 
mated and  assessed  as  and  for  the  compensation  and  recompense,  or 
the  allowance  to  be  made  for  the  loss  and  damage,  or  for  the  bene- 
fit, as  the  case  may  be,  of  the  respective  owners  of  the  fee  or  inherit- 

468 


ance  of  such  lands,  tenements,  hereditaments  and  premises  respec- 
tively, and  for  the  loss  and  damage,  or  for  the  benefit,  as  the  ca&e  may 
be,  of  the  respective  owners  of  the  leasehold  estates  or  other  interests 
therein  separately;  but  in  all,  and  each  and  every  case  and 
cases  where  the  owners  and  parties  interested,  or  their  respective 
estates  and  interests  are  unknown,  or  not  fully  known  to  the  said 
commissioners,  it  shall  be  sufficient  for  them  to  estimate  and  assess, 
and  to  set  forth  and  state  in  their  said  report,  in  general  terms,  the 
respective  sums  to  be  allowed  and  paid  to  or  by  the  owners  and  pro- 
prietors generally  of  such  said  lands,  tenements,  hereditaments  and 
premises,  and  parties  interested  therein  for  the  loss  and  damage,  or 
for  the  benefit  and  advantage,  as  the  case  may  be,  to  such  owners, 
proprietors,  and  parties  interested  in  respect  of  the  whole  estate  and 
interest  of  whomsover  may  be  entitled  to,  unto  or  interested  in  the 
said  lands,  tenements,  hereditaments  and  premises  respectively,  by 
and  in  consequence  of  the  said  operation  and  improvement  of  open- 
ing, laying  out,  and  forming  or  extending,  enlarging  or  otherwise 
improving  tlhe  said  street  or  park  or  section  thereof  so  to  be  opened  or 
so  to  be  laid  out  and  formed  or  extended,  enlarged,  or  otherwise 
improved,  as  the  case  may  be,  without  specifying  the  names 
of  the  estates  or  interests  of  such  owners  and  proprietors 
and  parties  interested,  or  of  any  or  either  of  them.  Said 
Commissioners  of  Estimate  and  Assessment  may,  in  their 
discretion,  or  when  required  by  the  Board  of  Public  Improvements 
make  up  and  file  a  preliminary  abstract  of  their  estimate  of 
damages,  separate  and  apart  from  their  estimate  of  assessments  for 
benefit,  embracing  either  the  entire  lands,  tenements,  hereditaments, 
and  premises  to  be  acquired  or  successive  sections  or  parcels  there- 
of, and  ascertain  and  estimate  the  compensation  to  be  made  thereon 
and  make  a  separate  report  with  reference  thereto.  Such  separate 
or  partial  report  shall  be  made  in  the  same  form  and  manner,  and 
such  proceedings  shall  be  had  in  respect  thereto, as  in  respect  to  th^ 
report  of  the  commissioners  relative  to  the  entire  lands  taken  and 
assessed  as  herein  provided  for,  except  that  the  final  or  last  separate 
report  shall  contain  the  assessment  for  benefit. 

469  [ 


Proceedings  upon  presentation  of  report  for  confirmation. 

Sec.  986.  The  application  for  the  confirmation  of  the  report 
shall  be  made  to  the  Supreme  Court,  at  a  term  thereof  held  within 
The  City  of  New  York  as  constituted  by  this  Act,  and  in  the 
Judicial  Department  within  which  the  lands  are  situated. 
Upon  the  coming  in  of  the  said  report,  signed  by  the  said 
commissioners,  or  any  two  of  them,  and  upon  the  hearing 
of  the  application  for  the  confirmation  thereof,  if  title  to  said 
lands  shall  not  have  been  theretofore  vested  in  the  City  of 
New  York,  or  if  said  lands  are  not  being  condemned  for  a 
pubHc  park,  parkway,  public  square  or  place,  and  if  persons  who  ap- 
pear by  the  said  report  to  be  interested,  either  iby  assessment  for 
benefit  or  award  for  damages,  to  the  amount  of  a  majority  in  amount 
of  the  whole  assessments  and  awards,  shall  appear  and  object  to  fur- 
ther proceedings  upon  the  said  report,  the  court  shall  order  the  pro- 
ceeding to  be  discontinued;  otherwise  the  said  court  shall  by  rule 
or  order,  after  hearing  any  matter  which  may  be  alleged  against  the 
same,  either  confirm  the  said  report  in  whole,  or  in  part,  or  refer 
the  same,  or  a  part  thereof,  to  the  said  commissioners  for  revisal  and 
correction,  or  to  new  commissioners,  to  be  appointed  by  the  said 
court  to  reconsider  the  subject  matter  thereof,  and  the  said  commis- 
sioners to  whom  the  said  report  or  part  thereof  shall  be  so  referred 
shall  return  the  same  report  or  such  part  thereof,  corrected  and  re- 
vised, or  a  new  report  to  be  made  by  them  in  the  premises  to  the  said 
court  without  unnecessary  delay ;  and  the  same  on  being  so  returned 
shall  be  confirmed  or  again  '•eferred  by  the  said  court  in 
manner  aforesaid,  as  right  and  justice  shall  require,  and  so 
from  time  to  time  until  a  report  Shall  be  made  or  re- 
turned in  the  premises,  which  the  said  court  shall  wholly 
confirm,  and  such  report,  when  so  confirmed  by  the  said 
court,  shall,  unless  set  aside  or  reversed  on  appeal,  be  final  and 
conclusive,  as  well  upon  the  City  of  New  York  as  upon  the 
owners,  lessees,  persons,  and  parties  interested  and  entitled  unto 
the  lands,  tenements,  hereditaments  and  premises  mentioned  in 
the  said  report ;   and  also  upon  all  other  persons  whomsoever. 

470 


Duplicate  copies  of  report  to  be  filed. 

Sec.  987.  Duplicate  copies  of  said  report  signed  by  the  said 
commissioners,  or  any  two  of  them,  shall  be  filed  by  the  Corporation 
Counsel  of  said  City,  one  in  the  office  of  the  Comptroller,  and  the 
other  in  the  office  of  the  clerk  of  the  Supreme  Court,  where  the  order 
confirmmg  said  report  is  entered. 

Appeals. 

Sec.  988.  The  City  of  New  York  or  any  party  or  person 
affected  by  the  said  proceeding  and  aggrieved  by  the  said 
report  when  confirmed  as  aforesaid,  may  appeal  to  the  Ap- 
pellate Division  of  the  said  court.  Such  appeal  shall  be 
taken  and  heard  in  the  manner  provided  by  the  code  of  Civil 
Procedure  and  the  rules  and  practice  of  the  said  court  in  rela- 
tion to  appeals  in  special  proceedings,  and  such  appeal  shall  be 
heard  and  determined  by  such  Appellate  Division  upon  the  merits 
both  as  to  matters  of  law  and  fact.  But  the  taking  of  an  appeal  by 
any  person  or  persons  shall  not  operate  to  stay  the  proceeding's 
under  this  Act,  except  as  to  the  particular  parcel  of  real  estate  with 
which  the  appeal  is  concerned ;  and  the  order  confirming  the  said  re- 
port shall  be  deemed  to  be  final  and  conclusive  upon  all  parties  and 
persons  affected  thereby  who  have  not  appealed.  Such  appeals 
shall  be  heard  upon  the  evidence  taken  before  the  said  commis- 
sioners, or  such  part  or  portion  thereof  as  the  court  at  special  term 
may  certify,  or  the  parties  to  said  appeal  may  agree  upon  as  sufficient 
to  present  the  merits  of  the  questions  in  respect  to  which  such  ap- 
peal shall  be  had,  and  on  affidavits  as  to  irregularities  which  have 
been  presented  to  the  court  at  special  term  upon  the  coming  in  of 
such  report  of  said  commissioners.  When  an  order  confirming  a  re- 
port shal'l  be  reversed  upon  appeal,  the  commissioners  to  whom 
such  report  shall  be  referred  for  amendment,  correction,  or  revisal, 
shall  have  power  to  make  such  additional  assessment  as  may  be 
necessary. 

Appeal  to  Court  of  Appeals  authorized. 

Sec.  989.    An  appeal  to  the  Court  of  Appeals  may   be  taken 

471 


by  the  city  or  any  person  or  party  interested  in  the  said  proceed- 
ing and  aggrieved  by  the  order  of  the  Appellate  Division. 

Such  appeal  may  be  taken  within  sixty  days,  and  heard  in 
the  manner  provided  by  the  Code  of  Civil  Procedure  and  the 
rules  and  practice  of  the  Court  of  Appeals,  in  relation  to  appeals 
in  special  proceedings.  The  Court  of  Appeals  may  affirm  or 
reverse  the  order  appealed  from,  and  may  m;ike  such  order  or 
direction  as  shall  be  appropriate  to  the  case,  whether  for  a 
rehearing  of  the  same  before  the  Commissioners,  or  for  final 
confirmation  of  the  report  or  otherwise.  If  the  report  is  con- 
firmed, the  Court  of  Appeals  shall  enter  a  final  order  in  the 
proceedings  which  shall  be  binding  upon  all  persons  having  any 
interest  in  the  property  or  franchises  condemned,  and  directing 
that  compensation  be  made,  pursuant  to  the  determination  of 
the  Commissioners,  and  the  city  shall  thereupon  be  entitled  to 
take  and  hold  forever  the  property  and  franchises  condemned  for 
the  public  use.  Payment  of  the  compensation  into  the  court  to 
the  credit  of  any  person  or  corporation  mentioned  in  said  order, 
in  case  tender  thereof  shall  have  been  refused  by  such  person 
or  corporation,  shall  be  deemed  a  payment  within  the  provisions 
of  this  Act. 

Vesting  of  title. 

Sec.  990.  Should  the  Board  of  Public  Improvements  at  any 
time  deem  it  for  the  public  interest  that  the  title  to  the  lands  and 
premises  required  for  any  street  or  park  heretofore  or  hereafter 
laid  out,  widened,  altered,  extended,  or  otherwise  improved, 
should  be  acquired  by  the  City  of  New  York  at  a  fixed  or  spec- 
ified time,  the  said  Board  of  Public  Improvements  may  direct,  by 
resolution,  where  no  buildings  are  upon  such  lands,  that  upon  the 
date  of  the  filing  of  the  oath  of  the  Commissioners  of  Estimate  and 
Assessment,  as  provided  for  in  this  chapter,  or  upon  a  specified 
date  thereafter,  and  where  there  are  buildings  upon  such  lands,  that 
upon  a  date  not  less  than  six  months  from  the  date  of  the  filing  of 
said  oath,  the  title  to  any  piece  or  parcel  of  land  lying  within  the 
lines  of  any  such  street  or  park,  shall  be  vested  in  the  City 
of  New  York.     Thereafter,  when  the  said  Commissioners  shall 

472 


have  taken  and  filed  said  oath,  upon  the  date  of  such  fihng  or 
upon  such  subsequent  date  as  may  be  specified  where  no  build- 
ings are  upon  such  lands,  and  where  there  are  buildings  upon  such 
lands  upon  the  date  specified  by  said  Board  of  Public  Improve- 
ments, either  before  or  after  the  filing  of  such  oath,  the  same  being 
not  less  than  six  months  from  the  date  of  said  filing,  the  City  of  New 
York  shall  become  and  be  seized  in  fee  of  said  lands,  tenements,  and 
hereditaments  in  the  said  resolution  mentioned,  that  shall  or  may  be 
so  required  as  aforesaid,  the  same  to  be  held,  appropriated,  con- 
verted, and  used  to  and  for  such  purpose  accordingly,  in  like  manner 
as  are  other  public  streets  and  parks,  respectively,  in  the  said  City. 
In  such  cases  interest  at  the  legal  rate  upon  the  sum  or  sums  to 
which  the  owners,  lessees,  parties  or  persons  are  justly  entitled 
upon  the  date  of  the  vesting  of  title  in  the  City  of  New  York, 
as  aforesaid,  from  said  date  to  the  date  of  the  report  of  the  com- 
missioners shall  be  allowed  by  the  Commissioners  as  a  part  of  the 
compensation  to  which  such  owners,  lessees,  parties,  or  persons 
are  entitled.  In  all  other  cases,  title,  as  aforesaid,  shall  vest  in  the 
City  of  New  York  upKjn  the  confirmation  by  the  court  of  the  report 
of  the  Commissioners.  Upon  the  vesting  of  title  the  City  of  New 
York,  or  any  person  or  persons  acting  under  its  authority,  may  im- 
mediately, or  at  any  time  thereafter,  take  possession  of  the  same,  or 
any  part  or  parts  thereof,  without  any  suit  or  proceeding  at  law  for 
that  purpose. 

The  title  acquired  by  the  City  of  New  York  to  lands  and  prem- 
ises required  for  a  street,  shall  be  in  trust,  that  the  same  be  appro- 
priated and  kept  open  for,  or  as  part  of  a  public  street,  forever,  in  like 
manner  as  the  other  streets  in  the  City  are  and  of  right  ought  to  be. 
The  title  acquired  by  the  City  of  New  York  to  lands  and  premises 
acquired  for  a  park  shall  be  a  fee  simple  absolute. 

Within  what  time  proceedings  to  be  completed:  removal  of  commis- 
sioners. 

Sec.  991.  The  commissioners  appointed  in  pursuance  of  this 
title  shall  complete  said  proceedings  on  their  part  within  six  months 
from  the  time  of  their  appointment,  unless  further  time  be  allowed 

473 


by  the  Supreme  Court.  At  least  five  days'  notice  of  the  application 
for  such  extension  shall  be  given  by  the  Corporation  Counsel  to 
all  persons  who  have  appeared  in  said  proceedings,  and  have  special- 
ly requested  that  notice  of  any  such  application  be  served  upon  them. 
Upon  such  application,  the  court  shall  have  power  to  make  such 
order  in  the  premises  in  respect  to  the  time  and  manner  of  completing 
the  report  of  said  commissioners,  and  in  respect  to  the  taking  and 
submission  of  tihe  proofs  of  the  parties  interested,  as  will  enable  or 
require  the  commissioners  to  complete  said  proceeding  on  their 
part  with  reasonable  dispatch;  and  if  it  shall  appear  that  the  said 
proceeding  has  been  delayed  by  reason  of  the  inattention,  neglect 
or  refusal  of  said  commissioners,  or  any  of  them,  to  act  or  attend, 
or  of  the  failure  of  a  majority  of  them  to  agree  upon  a 
report,  the  court  may  remove  the  commissioner  or  commis- 
sioners so  neglecting  or  refusing,  or  the  commissioners  fail- 
ing to  agree,  and  appoint  a  suitable  person  or  persons  in  his 
or  their  place.  And  the  said  court  may,  at  any  time,  remove  any 
of  said  Commissioners  of  Estimate  and  Assessment  who,  in  its  judg- 
ment, shall  be  incapable  of  serving,  or  who  shall,  for  any  reason.  >" 
its  judgment,  be  an  unfit  person  to  serve  as  such  commissioner. 
The  cause  of  such  removal  shall  be  specified  in  the  order  making 
the  same. 

Owners  may  convey  to  the  City. 

Sec.  992.  The  owners  of  land  and  of  all  the  estate  therein  em- 
braced within  the  lines  of  any  street  laid  down  and  shown 
on  the  map  or  plan  of  the  City  of  New  York,  and  comprising  all  the 
land  within  said  lines  in  an  entire  block  in  extent,  may,  without 
compensation,  and  at  their  own  expense,  convey  all  their  right, 
title,  and  interest  therein,  providing  the  same  shall  be  free  from  in- 
cumbrances inconsistent  with  the  title  to  be  acquired  by  the  City, 
to  the  City  of  New  York,  and  upon  the  delivery  of  such  convey- 
ances to  the  Corporation  Counsel  of  said  City,  with  the  money  neces- 
sary to  record  such  conveyances,  and  affidavits  made  by  all  such 
owners  to  the  effect  that  the  persons  making  them,  are  the  owners 

474 


of  the  estates  in  such  lands  so  conveyed  by  them,  respectively,  and 
stating-  their  interests,  and  that  such  estates  in  such  lands  are  free 
of  all  incumbrances,  except  as  aforesaid,  together  with  abstracts  of 
title  and  complete  searches,  if  desired  by  such  Corporation  Counsel, 
it  shall  be  the  duty  of  such  Corporation  Counsel  to  examine  such 
conveyances  and  papers,  and  if  such  titles  shall  not  be  rejected  for 
good  cause,  by  such  CorjxDration  Counsel,  he  shall  cause  the  said 
conveyances  to  be  recorded  in  the  ofBce  in  which  conveyances  of 
real  estate  are  recorded  in' the  county  in  which  such  lands  are  located, 
within  sixty  days  after  their  delivery  to  him.,  and  file  them 
with  the  comptroller  of  such  City,  and  thereupon  the  City  of  New 
York  shall  become  vested  with  the  title  to  said  lands  to  the  same 
effect  and  extent  as  if  they  had  been  acquired  by  a  proceeding  taken 
for  the  opening  of  that  portion  of  said  street;  after  the 
making  and  acceptance  of  such  conveyances,  no  proceedings  to 
open  the  lands  so  conveyed  shall  be  taken  or  maintained,  nor  shall 
the  lands  fronting  on  that  portion  of  the  street  so  con- 
veyed, and  extending  to  the  center  of  the  block  on  either  side  of 
such  portion  of  said  street  so  conveyed,  be  chargeable 
with  any  portion  of  the  expenses  of  opening  the  residue  or  any 
portion  of  the  residue  of  such  street,  except  the  due  and  fair  propor- 
tion of  the  awards  that  may  be  made  for  buildings  as  aforesaid. 

Subdivision  of  plots. 

Sec.  998.  If,  at  any  time  after  the  filing  of  the  maps  showing 
the  laying  out  of  streets  by  proper  municipal  authority,  the 
owner  or  owners  of  any  plot  of  land  bounded  on  all  sides 
by  streets,  and  not  laid  out  as  and  for  a  public  square, 
place  or  park,  shall  desire  to  subdivide  such  plot  and 
give  public  right  of  way  into  or  through  such  plot,  he,  she, 
or  they  may  submit  two  sets  of  maps,  plans,  or  surveys  of  such  plot 
and  of  such  proposed  right  of  way,  showing  the  width,  which  shall 
not  be  less  than  thirty  feet,  and  the  location,  extent,  and  direction 
of  the  same,  and  the  proposed  grade  therefor,  to  thelBoard  of  Pub- 
lic Improvements,  for  approval ;  and  if  the  same  shall  be  approved 

475 


and  the  owner  or  owners  aforesaid  shall  immediately  thereafter  con- 
vey in  such  form  as  shall  be  approved  by  the  Corporation  Counsel, 
the  title  to  the  land  required  for  such  right  of  way,  free  and  clear 
from  all  incumbrances,  to  the  City  of  New  York  in  trust  as  and  for  a 
public  street,  the  same  shall  from  that  time  be  and  become  an  opened 
public  street,  the  same  as  if  it  had  been  laid  out  and  opened  as 
other  streets  are  or  ought  to  be ;  and  the  maps,  plans,  or  surveys 
thereof,  and  of  the  grades  therefor,  aforesaid,  shall  immediately 
thereafter  be  certified  by  the  city  clerk,  and  one  set  thereof  shall 
be  filed  in  and  remain  of  record  in  the  office  in  which  convey- 
ances of  real  estate  are  recorded  in  the  county  in  which  such  land 
is  located,  and  the  other  set  thereof  in  the  office  of  the  Corpora- 
tion Counsel  of  said  City. 

City  may  agree  with  owners. 

Sec.  994.  It  shall  be  lawful  for  the  City  at  any  time  or  times, 
either  before  or  after  the  appointment  of  commissioners  in  the 
premises,  for  any  of  the  purposes  aforesaid,  to  agree  with  the  own- 
ers, lessees,  parties,  or  persons  entitled  unto  or  interested  in  the 
lands,  tenements,  hereditaments,  and  premises,  that  either  will  be 
benefited  by,  or  may  be  required  for  the  purpose  of,  making  the 
operation  and  improvement  intended  to  be  made,  or  with  any 
or  with  either  of  such  owners  or  other  parties  interested 
therein,  for  and  about  the  cession  of  the  lands,  tenements, 
hereditaments,  and  premises  required  of  him,  her,  or  them, 
respectively,  for  the  purpose  of  making  such  said  intended 
operation  and  improvement,  and  for  and  about  the  com- 
pensation and  recompense  to  be  made  to  him,  her,  or  them, 
for  the  same,  or  for  and  about  the  allowance,  or  sum  or  sums  to  be 
allowed  and  paid  by  such  owners  and  parties,  respectively,  or  by  any, 
or  eithei,  of  them,  for  the  benefit  and  advantage  of  the  street  or  park 
or  section  thereof  so  to  be  opened,  or  laid  out  and  formed,  or  the 
extension,  enlargement,  or  other  improvement  of  the  street  or  park 
so  to  be  extended,  enlarged,  or  otherwise  improved,  to  him,  iher,  or 
them,  over  and  above  the  value  of  the  lands,  tenements,  heredita- 
ments, and  premises,  that  may  be  required  if  any  lands,  tenements, 

476 


hereditaments  or  premises  shall  be  required  of  nim,  her,  or 
them,  for  the  purpose  of  opening,  laying  out,  and  forming  or 
extending,  enlarging,  or  otherwise  improving  the  same,  and  in 
case  of  any  such  agreement  or  agreements,  with  part  only  of  the 
said  owners  and  parties  entitled  unto  and  interested  in  the  said 
knds,  tenements,  hereditaments,  and  premises  so  required  for  the 
purpose  of  making  any  such  operation  and  improvement  as  afore- 
said, or  to  be  benefited  thereby,  the  same  shall  be  valid  and  binding 
upon  the  parties  thereto,  and  the  said  commissioners  shall,  never- 
theless, enter  upon  and  make  or  proceed  with  their  said  estimate 
ri-d  assessment,  and  make  report  to  the  said  court,  as  to  the  residue 
of  the  said  lands,  tenements,  hereditaments,  and  premises  required 
for  the  said  purpose  of  making  such  said  operation  and  improve- 
ment, or  to  be  benefited  thereby,  concerning  which  the  owners 
thereof  and  parties  interested  therein  shall  not  agree;  and  the  said  re- 
port, when  confirmed,  shall  be  of  like  force  and  effect  in  regard  to  the 
matters  comprised  therein,  as  if  no  such  agreement  as  to  the  part  of 
the  premises  had  been  made. 

City  entitled  to  compensation  and  liable  to  assessment. 

Sec.  995.  If  any  lands,  tenements,  hereditaments,  or  premises 
belonging  to  the  City  of  New  York,  or  wherein  it  may  be  interested, 
shall  be  required  for  any  of  the  purposes  aforesaid,  or  shall  be 
benefited  by  any  such  operation  and  improvement  as  hereinbefore 
mentioned,  the  City  shall  be  entitled  to  compensation  and  recom- 
pense for  the  loss  and  damage  it  may  sustain,  and  shall  be  bound 
to  allow  and  pay  for  the  benefit  and  advantage  it  may  be  deemed 
to  acquire  thereby,  in  like  manner  as  other  owners  and  proprietors 
of  lands  and  premises  required  for  the  purpose  of  making  the  said 
operation  and  improvement,  or  deemed  to  be  benefited  thereby; 
and  it  shall  be  lawful  for  the  said  Commissioners  of  Estimate  and 
Assessment,  and  they  are  hereby  directed  in  such,  each  and  every 
case,  to  estimate  and  assess  upon  the  principles,  and  in  the  manner 
herein  aforesaid;  and  to  report  the  sum  or  sums  which,  in  their 
opinion,  ought  to  be  allowed  and  paid  to  or  by  the  City  for  the  said 

477 


loss  and  damage,  or  for  the  said  benefit  or  advantage,  as  the  case 
may  be,  to  the  City,  by  and  in  consequence  of  such  said  operation 
and  improvement  of  opening  the  said  street  or  park,  or  section  there- 
of so  to  be  opened,  or  laying  out,  or  forming,  or  extending,  enlarg- 
ing, or  otherwise  improving  the  same,  so  to  be  laid  out  and  formed, 
or  extended,  enlarged  or  otherwise  improved,  as  the  case  may  be.  It 
shall  not,  however,  be  lawful  to  lay  or  impose  any  assessment  what- 
ever on  any  public  park,  square,  or  place,  or  street,  road  or  avenue, 
but  all  such  assessments  which  may  be  properly  payable  by  the 
City  shall  be  assessed  against  it  in  a  gross  sum  in  each  and  every 
of  such  proceedings. 

Contracts  of  landlord  and  tenant:  how  affected. 

Sec.  996.  In  all  cases  where  the  whole  of  any  lot  or  parcel  of 
land  or  other  premises,  under  lease  or  other  contract,  shall  be  taken 
for  any  of  the  purposes  aforesaid,  by  virtue  of  this  title,  all  the  cove- 
nants, contracts,  and  engagements  between  landlord  and  tenant,  or 
any  other  contracting  parties,  touching  the  same,  or  any  part  there- 
of, shall,  upon  the  vesting  of  the  title  in  the  City  of  New  York,  cease 
and  determine  and  be  absolutely  discharged  ;  and  in  all  cases  where 
part  only  of  any  lot  or  parcel  of  land,  or  other  premises,  so  under 
lease  or  other  contract,  shall  be  so  taken  for  any  of  the  purposes 
aforesaid,  all  contracts  and  engagements  respecting  the  same  shall, 
upon  such  vesting  of  title,  cease,  determine  and  be  absolutely  dis- 
charged as  to  the  part  thereof  so  taken,  but  shall  remain  valid 
and  obligatory  as  to  the  residue  thereof,  and  the  rents,  considera- 
tions and  payments  reserved  or  payable,  and  to  be  paid,  for  or  in 
respect  to  the  same,  shall  be  so  apportioned  as  that  the  part  thereof 
justly  and  equitably  payable,  or  that  ought  to  be  paid,  for  such  said 
residue  thereof,  and  no  more  shall  be  demanded  or  paid,  or  re- 
coverable, for  or  in  respect  of  the  same.   • 

Corporation  Counsel  to  represent  interests  of  City  before  Commis- 
sioners, and  provide  clerks  a?id  offices:  expenses. 

Sec.  997.     It  shall  be  the  duty  of  the  Corporation  Counsel 

478 


to  furnish  the  Commissioners  of  Estimate  and  Assessment  who 
may  be  appointed  in  any  proceeding  to  open,  widen,  extend, 
alter,  or  close  any  street,  park  or  parkway  in  said  City,  such 
necessary  clerks  and  other  employees,  and  to  provide  such  suit- 
able offices  as  they  may  require  to  enable  them  to  fully  and 
satisfactorily  discharge  the  duties  imposed  upon  them  by 
this  chapter;  the  Corporation  Counsel  shall,  either  in  person  or  by 
such  assistant  or  counsel  as  he  shall  designate  for  the  purpose,  ap- 
pear for  and  protect  the  interests  of  the  City  in  all  proceedings  in 
court  and  before  the  commissioners.  All  expenses  for  searcher's 
or  surveyor's  fees,  and  such  other  necessary  expenses  and  dis- 
bursements which  the  City  of  New  York  shall  incur  under  the  pro- 
visions of  this  section  shall  be  paid  by  the  comptroller  out  of  the 
fund  for  street  and  park  openings,  provided  for  by  existing  laws, 
and  shall  be  borne  and  reimbursed  and  paid  to  the  City  of  New 
York  by  the  parties  and  persons  interested  and  entitled,  as  owners 
or  otherwise,  unto  and  in  the  lands,  tenements,  hereditaments,  and 
premises  deemed  to  be  benefited  thereby,  and  the  same  shall  be  in- 
cluded in  and  taxed  by  the  court,  upon  due  proof  of  the  services 
rendered,  and  disbursements  charged  as  part  of  the  necessary  costs 
and  expenses  of  the  said  proceedings;  but  such  expenses  and  dis- 
bursements shall  not  be  included  in  the  assessments  for  benefit 
until  after  they  have  been  taxed  before  a  justice  of  the  Supreme 
Court,  in  the  appropriate  department. 

Other  costs  and  charges. 

Sec.  998.  Except  as  hereinbefore  otherwise  provided,  no  costs 
or  charges  of  the  said  commissioners  or  others  shall  be  paid  or  al- 
lowed for  any  service  performed  under  this  title,  unless  the  same 
shall  be  taxed  by  the  said  court  after  notice  given  as  provided  in 
the  following  section.  Upon  such  taxation,  due  proof  of  the  nature 
and  extent  of  the  services  rendered  and  disbursements  charged 
shall  be  furnished,  and  no  unnecessary  cost  or  charges  shall  be  al- 
lowed. Each  of  the  Commissioners  of  Estimate  and  Assessment 
shall  receive  six  dollars  for  each  day  upon  which  the  said  commis- 
sioners shall  meet  and  be  actually  and  necessarily  employed  in  the 

479 


performance  of  the  duties  imposed  upon  them  by  this  Act.  All  such 
costs,  fees,  and  expenses  or  disbursements,  which  by  law  are  re- 
quired to  be  taxed  as  in  this  chapter  provided,  shall  be  stated  in 
detail  in  the  bill  of  costs  and  charges  and  expenses,  and  shall  be 
accompanied  by  such  proof  of  the  reasonableness  and  necessity 
thereof,  as  is  now  required  by  law  and  the  practice  of  the  said  court 
upon  taxation  of  costs  and  disbursements  in  other  special  proceed- 
ings or  actions  in  said  court;  provided,  however,  that  in  any  pro- 
ceeding of  an  unusually  difficult  or  extraordinary  character,  the 
said  court,  may,  upon  tSxing  said  costs  or  expenses,  make  such 
additional  allowances  to  the  said  commissioners  as  may  to  it  ap- 
pear just  and  equitable,  upon  such  proof  as  may  be  submitted  of 
the  nature  and  extent  of  the  services  rendered  by  said  commis- 
sioners. 

Taxation  of  costs. 

Sec.  999.  A  bill  of  said  costs,  charges,  and  expenses  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  m  which  the  order  ap- 
pointing the  isaid  commissioners  has  been  entered,  at  least  ten  days 
before  the  same  shall  be  presented  for  taxation.  There  shall  be  an- 
nexed a  statement  of  the  aimounts,  if  any,  previously  taxed,  to  whom 
the  same  were  payable,  and  the  date  of  such  taxation.  A  notice  of 
at  least  ten  days  shall  be  published  in  the  "City  Record," 
and  the  corporation  newspapers,  and  served  upon  the 
Corporation  Counsel,  of  the  time  and  place  of  taxing 
said  costs,  charges,  and  expenses,  which  shall  be  there- 
upon taxed  by  a  justice  of  the  Supreme  Court,  or  a  referee 
under  his  spvecial  order,  and  before  the  report  of  said  commission- 
ers shall  be  presented  for  confirmation.  On  said  final  taxation  there 
may  be  a  retaxation  of  any  bill  previously  taxed  in  the  same  pro- 
ceeding, if  sufficient  reason  therefor  be  made  to  appear. 

Discontinuance  of  proceedings. 

Sec.  1000.    The  Board  of  Public  Improvements  is  authorized 
and  empowered  to  discontinue  any  and  all  legal  proceedings  taken 

480 


for  opening,  widening,  straightening,  extending  altering,  or  closing 
streets  or  parks,  or  parts  thereof,  at  any  time  before  title  to  the 
lands  and  premises  to  be  thereby  acquired  shall  have  vested  in 
the  City  of  New  York,  if,  in  its  opinion,  the  public  interest 
requires  such  discontinuance,  and  with  power  to  cause  new  pro- 
ceedings to  be  taken  in  such  cases  for  the  appointment  of  new 
commissioners. 

Damages  for  land  taken:  when  to  be  paid. 

Sec.  1001.  All  damages  awarded  by  the  Commissioners  of  Esti- 
mate and  Assessments  with  interest  thereon  from  the  date  of  said 
report,  and  all  costs  or  expenses  which  may  be  taxed,  shall  be  paid  by 
the  City  of  New  York  to  the  respective  persons  and  bodies  politic  or 
corporate  mentioned  or  referred  to  in  said  report,  or  in  whose  favor 
such  costs  or  expenses  shall  be  taxed.  Interest  shall  cease  to  run  on 
sums  awarded  as  damages  six  months  after  the  date  of  the  confirma- 
tion of  said  report  unless  within  that  time  demand  therefor  be  made 
upon  the  Comptroller.  Said  damages,  costs,  and  expenses  shall  be 
paid  from  the  fund  for  street  and  park  openings  provided  for 
in  this  Act,  and  by  existing  laws.  The  person  or  persons  to 
whom  awards  shall  be  made  in  such  proceedings,  and 
the  person  or  persons  in  whose  favor  costs  and  expenses 
may  be  taxed,  shall  not  have  an  action  at  law  against 
the  City  of  New  York  for  such  awards,  costs,  or  expenses,  but  the 
court  in  which  said  proceedings  have  been  had,  upon  the  application 
of  any  such  person  or  persons,  in  case  of  the  failure  of  the  Comp- 
troller of  said  City  to  pay  the  same  within  thirty  days  after  demand 
therefor,  shall  require  and  direct  the  Comptroller  to  pay  said  awards, 
costs,  and  expenses  from  the  said  fund,  and  enforce  said  order  or 
mandate  in  the  same  manner  as  other  orders  and  mandates  of  said 
court  are  enforced.  Provided,  however,  that  whenever  the  amount 
of  damages  awarded  in  any  report,  together  with  the  costs  of  the 
commissioners,  shall  exceed  the  balance  remaining  in  said  fund 
after  deducting  all  outstanding  claims  against  said  balance,  the 
comptroller  shall  and  he  is  hereby  authorized  to  raise,  by  the  issue 
and  sale  of  revenue  bonds,  such  amounts  as  shall  be  necessary  to 

481 


pay  such  damages,  costs,  and  expenses,  and  said  court,  upon  the 
application  of  any  person  or  persons  in  whose  favor,  or  to  whom 
awards  shall  be  made  in  such  proceeding,  and  the  person  or  per- 
sons in  whose  favor  costs  and  expenses  may  be  taxed,  may  require 
or  direct  the  Comptroller  to  raise  the  money  necessary  to  enable 
him  to  pay  such  awards,  costs  and  expenses,  and  from  such  fund 
to  pay  the  same,  except  that  when  any  sum  or  sums  shall  in  said  re- 
port be  made  to  unknown  owners,  the  Supreme  Court  shall,  upon 
the  application  of  said  City  of  New  York,  or  of  any  person  entitled 
to,  or  claiming  to  be  interested  in  the  lands,  tenements,  or  here- 
ditaments for  which  said  awards  have  been  made,  or  any  part  there- 
of, either  direct  the  same  to  be  retained  by  the  Comptroller,  or  to  be 
paid  into  the  Supreme  Court,  until  the  title  thereto,  or  of  the  re- 
spective estates  and  interests  of  all  parties  therein  shall  be  deter- 
mined by  said  court,  and  upon  such  application,  the  said  court  may 
take  the  proof  and  testimony  of  the  claimant  or  claimants,  or  parties 
interested  in  the  lands  for  which  said  awards  have  been  made,  or  re- 
fer the  matter  to  a  referee  idt-  such  purpose. 

Moneys  of  persons  under  disability:  how  disposed  of:  moneys  paid  to 

wrong  person. 

Sec.  1002.  Whenever  the  owners  and  proprietors  of  any  such 
lands,  tenements,  hereditaments,  and  premises  so  to  be  taken  for  any 
of  the  purposes  aforesaid,  or  the  party  or  parties,  person  or  persons 
interested  therein,  or  any,  or  either  of  them,  the  said  owners,  pro- 
prietors, parties  or  persons  in  whose  favor  any  such  sum  or  sums, 
or  compensation  shall  be  so  reported,  shall  be  under  the  age  of 
twenty-one  years,  non  compos  mentis,  femme  covert,  or  absent  from 
the  City  of  New  York,  and  also  in  all  cases  where  the  name  or  names 
of  the  owner  or  owners,  parties  or  persons  entitled  unto  or  inter- 
ested in  any  lands,  tenements,  hereditaments,  or  premises  that  may 
be  so  taken  for  any  of  the  purposes  aforesaid,  shall  not  be  set  for£h 
or  mentioned  in  the  said  report,  or  where  the  said  owners,  parties, 
or  persons,  respectively,  being  named  therein,  cannot  upon  dili- 
gent inquiry  be  found,  it  shall  be  lawful  for  the  City  to  pay  the  sum 
or  sums  mentioned  in  the  said  report,  payable,  or  that  would  be 

482 


coming  to  such  owners,  proprietors,  parties,  and  persons,  respect- 
ively, into  the  said  Supreme  Court,  to  be  secured,  disposed  of,  and 
improved  as  the  said  court  shall  direct,  and  such  payment  shall  be 
as  valid  and  effectual,  in  all  respects,  as  if  made  to  the  said  owners, 
proprietors,  parties,  and  persons,  respectively,  themselves,  accord- 
ing- to  their  just  rights,  as  if  they  had  been  known  and  had  all  been 
present,  of  full  age,  discovert,  and  compos  mentis;  and,  provided 
also,  that  in  all,  and  each,  and  every  case  and  cases,  where  any 
such  sum  or  sums,  or  compensations,  so  to  be  reported  by  the  safd 
commissioners  in  favor  of  any  person  or  persons,  or  party  or  par- 
ties whatsoever,  whether  named  or  not  named  in  the  said  report, 
shall  be  paid  to  any  person  or  persons,  or  party  or  parties  whom- 
soever, when  the  same  shall  of  right  belong,  and  ought  to  have  been 
paid,  to  some  other  person  or  persons,  or  party  or  parties,  it  shall  be 
lawful  for  the  person  or  persons,  or  party  or  parties,  to  whom 
the  same  ought  to  have  been  paid,  to  sue  for  and  recover  the  same, 
with  lawful  interest  and  costs  of  suit,  as  so  much  money  had  and  re- 
ceived to  his,  her,  or  their  use,  by  the  person  or  persons,  party  or 
parties,  respectively,  to  whom  the  same  shall  have  been  so  paid. 

Sums  to  be  equally  and  proportionately  assessed. 

Sec.  1003.  All  moneys  paid  under  the  provisions  of  this 
title  by  the  City,  except  such  part  thereof  as  the  Board  of.  Public 
Improvements  shall  direct  to  be  borne  and  paid  by  the  City  of 
New  York,  shall  be  assessed  equally  and  proportionately,  as  far 
as  the  same  may  be  practicable,  upon  the  lands  and  premises 
benefited  by  the  improvement,  and  shall  be  a  lien  and  charge 
thereon,  and  shall  be  applied,  levied  and  collected  in  the  man- 
ner provided  by  law  for  the  assessment,  levy,  and  collection  of 
similar  expenses  and  disbursements  for  the  reimbursement  of 
the  city  treasury. 

Sums  assessed  to  be  Kens. 

Sec.  1004.  The  respective  sums  or  assessments  so  to  be  assessed 
and  reported  by  the  said  Commissioners  of  Estimate  and  Assess- 
ment, as  and  for  the  allowance  to  be  made  by  the  parties  and  per- 


sons,  respectively,  in  the  said  report  mentioned  or  referred  to,  and  in- 
tended as  owners  and  proprietors  of,  or  parties  interested  in,  lands 
and  premises  deemed  to  be  benefited,  for  the  benefit  and  advan- 
tage of  the  street  or  park  or  section  thereof,  or  of  the  ex- 
tension, enlargement,  or  other  improvement  of  the  street  or  park 
mentioned  in  the  said  report,  shall  be  a  lien  or  charge  on  the  lands, 
tenements,  hereditaments,  and  premises,  in  the  said  report  of  the 
said  commissioners  mentioned,  or  upon  the  estate  and  interests 
of  the  respective  owners,  lessees,  and  parties  interested  in  such  said 
lands,  tenements,  hereditaments,  and  premises  for  or  on  account  of 
which  the  said  respective  suths  shall  be  so  assessed  by  the  said  com- 
missioners upon  the  said  respective  owners  and  proprietors  thereof, 
or  parties  interested  therein.  The  owners,  proprietors  and  parties 
interested  therein,  and  also  the  occupants,  and  each  and  every  of 
them,  shall,  moreover,  be  respectively  liable  to  pay  on  demand 
the  respective  sum  or  sums  or  assessments  mentioned  in  the  said 
report  of  the  commissioners,  at  which  the  respective  lands,  tene- 
ments, hereditaments  and  premises  so  owned  or  occupied  by  him, 
her,  or  them,  or  wherein  he,  she,  or  they  are  so  interested,  or  at 
which  the  owners  and  proprietors  thereof  shall  be  so  assessed,  to 
such  person  or  persons  as  the  city  shall  appoint  to  receive  the  same. 
The  said  respective  sums  or  assessments,  with  interest  as  in  this 
Act  provided,  may  be  recovered  with  all  costs  and  charges  by  the 
City  from  and  against  the  parties  assessed,  or  the  owner  or  owners 
of  the  respective  lands,  tenements,  hereditaments  and  premises 
whereon  or  in  respect  of  which  the  same  may  be  assessed,  or  set 
forth  in  the  said  report  of  the  commissioners,  or  from  or  against 
any  or  either  of  the  said  parties  or  owners,  without  joining  any  other 
Of  others  of  them,  the  said  parties  or  owners  therein,  by  action; 
provided,  that  nothing  herein  contained  shall  affect  any  agreement 
between  landlord  and  tenant,  or  any  other  contracting  parties  re- 
specting the  payment  of  any  such  assessment  or  charges,  but  they 
shall  be  answerable  to  each  other  in  the  same  manner  as  if  the  pro- 
visions in  this  title  contained  concerning  the  same  had  never  been 
made;  and  if  any  money  so  to  be  assessed,  be  paid  by  or  collected 

484 


or  recovered  from  any  person  or  persons  when  by  agreement  or 
by  law  the  same  ought  to  have  been  borne  and  paid  by  some  otHer 
person  or  persons,  it  shall  be  lawful  for  the  person  or  persons 
paying  the  same,  or  from  whom  the  same  shall  be  recovered,  by 
suit  or  otherwise,  to  sue  for  and  recover  the  money  so  paid  by  or 
recovered  from  him  or  them,  with  interest  and  costs,  as  so  much 
money  paid  for  the  use  of  the  person  or  persons  who  ought  to 
have  paid  the  same,  and  the  said  report  of  the  commissioners,  with 
proof  of  payment,  shall  be  conclusive  evidence  in  such  suit. 

Comptroller  to  publish  notice  of  confirmation  of  assessment,  etc. 

Sec.  1005.  It  shall  be  the  duty  of  the  Comptroller  to  give  public 
notice,  by  advertisement,  for  at  least  ten  days,  in  the  "City 
Record"  and  the  corporation  newspapers,  immediately  after  the 
confirmation  of  any  assessment  for  a  street  or  park  opening,  that 
the  same  has  been  confirmed,  specifying  the  title  of  such  assess- 
ment, the  date  of  its  confirmation  by  the  Supreme  Court,  and 
also  the  date  of  entry  in  the  record  of  titles  of  assessment  kept 
in  the  bureau  for  the  collection  of  assessments  and  of  arrears  of 
taxes  and  assessments,  and  of  water  rents,  notifying  all  persons, 
owners  of  property  affected  by  any  such  assessment,  that,  unless 
the  amount  assessed  for  benefit  on  any  person  or  property  shall 
be  paid  within  sixty  days  after  the  date  of  said  entry  of  any  such 
assessment,  interest  shall  thereafter  be  collected  thereon  as  pro- 
vided in  the  following  section ;  and  all  provisions  of  law  or  ordinance 
requiring  any  other  or  different  notice  of  assessments  and  interest 
thereon  are  repealed. 

Interest  to  be  charged  if  not  paid  in  sixty  days. 

Sec.  1006.  If  any  such  assessment  shall  remain  unpaid  for  the 
period  of  sixty  days  after  the  date  of  entry  thereof  in  the  said  rec- 
ord of  titles  and  assessments,  it  shall  be  the  duty  of  the  officer 
authorized  to  collect  and  receive  the  amount  of  such  assessment,  to 
charge,  collect  and  receive  interest  thereon,  at  the  rate  of  seven 
per  centum  per  annum ;  to  be  calculated  from  the  date  of  such  entry 
to  the  date  of  payment. 

485 


Interest  limited  to  excess  in  certain  cases. 

Sec.  1007.  Whenever  an  estimate  and  assessment  for  loss  and 
damage,  and  for  benefit  and  advantage  shall  be  made  by  the  com- 
missioners of  estimate  and  assessment  relative  to  the  same  person 
or  persons,  no  interest  shall  be  demanded  from  such  person  or  per- 
sons upon  the  amount  assessed  for  benefit  and  advantage,  except  on 
the  excess  of  the  amount  he  is  to  pay  over  and  above  the  amount 
he  is  to  receive  for  or  in  consequence  of  any  intervening  time  be- 
tween the  period  fixed  for  the  receipt  of  the  amount  of  benefit  and 
advantage  and  the  payments  of  the  amount  of  loss  and  damage. 

Notices  in  proceedings  to  open  streets:  how  published. 

Sec.  1008.  Any  notice  now  required,  or  hereafter  to  be  required, 
by  law  to  be  published  in  any  proceeding  for  the  opening,  ex- 
tending, widening  or  altering  any  street  or  park  in  said  city, 
shall  hereafter  be  published  in  the  "City  Record,"  and  the 
corporation  newspapers.  Whenever  handbills  now  or  hereafter 
may  be  required  by  law  to  be  posted  in  any  such  proceeding,  they 
shall  be  posted  or  affixed  with  paste  or  other  adhesive  substance  in 
three  conspicuous  places  upon  or  near  the  lands  to  be  taken  in  such 
proceeding,  and  proof  of  such  posting  shall  be  sufficient  evidence 
without  further  proof  of  said  notice  having  remained  posted  during 
the  whole  of  the  period  required  by  law. 

Sec.  1009.  Nothing  contained  in  title  3  of  this  chapter  re- 
lating to  the  vacating  and  reduction  of  assessments  shall  apply  to 
assessments  made  pursuant  to  this  Title. 

Sec.  1010.  Whenever  the  word  "street,"  or  the  plural  thereof,  oc- 
curs in  this  chapter  it  shall  be  deemed  to  include  all  that  is 
included  by  the  terms,  **  street,  avenue,  road,  alley,  lane,  high- 
way, boulevard,  concourse,  public  square  and  public  place,"  or 
the  plurals  thereof,  respectively. 

Sec.  1011.  It  shall  be  the  duty  of  the  Corporation  Counsel, 
within  ten  days  after  the  entry  of   an  order  appointing   commis- 

486 


sioners  in  a  proceeding  authorized  by  this  Title,  to  file  a  copy  of 
such  order  in  the  office  of  the  Register  or  County  Clerk  of  the 
County  in  which  the  land  to  be  acquired  is  located.  There 
shall  be  endorsed  upon  such  copy  order  a  reference  to  the 
section  and  block  or  the  sections  and  blocks  on  the  land 
map  of  such  county  which  include  the  land  to  be  taken  by 
such  proceeding  or  abut  thereon.  The  Register  or  County 
Clerk  with  whom  such  copy  order  shall  be  filed  shall  index  in 
the  index  of  conveyances  on  each  block  so  endorsed  on  said  copy 
order  a  statement  giving  the  title  of  said  proceeding  and  the 
date  of  the  entry  of  said  order. 


Title  5. 
sales  of  lands  for  taxes,  assessments  an*d  water  rates. 

When  taxes  and  %vater  rents  to  be  liens  on  lands  assessed. 

Sec.  1017.  All  taxes  and  all  assessments  for  local  improvements 
and  all  water  rents,  and  the  interest  and  charges  thereon,  which  may, 
in  the  City  of  New  York,  as  by  this  Act  constituted,  hereafter  be 
laid  or  may  have  heretofore  been  laid,  upon  any  real  estate  now 
in  said  City,  shall  continue  to  be,  until  paid,  a  lien  thereon,  and  shall 
be  preferred  in  payment  to  all  other  charges.  No  assessments  for 
any  local  improvement  shall  be  deemed  to  be  fully  confirmed,  so  as 
to  be  due  and  be  a  lien  upon  the  property  included  in  the  assess- 
ment, until  the  title  thereof,  with  the  date  of  confirmation  shall  be 
entered  with  the  date  of  such  entry,  in  a  record  of  the  titles  of  assess- 
ments confirmed,  to  be  kept  in  the  office  of  the  collector  of 
assessments  and  arrears. 

Comptroller  to  publish  notice  of  confirmation  of  assessments. 

Sec.  1018.  It  shall  be  the  duty  of  the  Comptrollerto  give  public 
notice,  by  advertisement,  for  at  least  ten  days,  in  the  City  Record 
and  the  corporation  newspapers,  duly  designated  for  any  Borough, 
in  which  the  property  is  situated,  immediately  after  the  confirma- 

487 


tion  of  any  assessment,  for  a  local  improvement,  that  the  same  has 
been  confirmed,  specifying  the  title  of  such  assessment,  and  the  date 
of  its  confirmation,  and  also  the  date  of  entry  in  the  record  of  titles 
of  assessments  kept  in  the  office  for  the  collection  of  assessments 
and  of  arrears  of  taxes  and  assessments,  and  of  water  rents, 
notifying  all  persons,  owners  of  property  aflfected  by  any 
such  assessments,  that  unless  the  amount  assessed  for  bene- 
fit on  any  person  or  property  shall  be  paid  within  sixty  days  after 
the  date  of  said  entry  of  any  such  assessment,  interest  shall  be  there- 
after collected  thereon  as  provided  in  the  following  section;  and  all 
provisions  of  law  or  ordinance  requiring  any  different  or  other  notice 
of  assessments  and  interest  thereon,  are  hereby  repealed. 

Interest  to  be  charged  if  assessment  unpaid  for  sixty  days. 

Sec.  1019.  If  any  such  assessment  shall  remain  unpaid  for  the 
period  of  sixty  days  after  the  date  of  entry  thereof  on  the  said 
record  of  titles  of  assessments,  it  shall  be  the  duty  of  the  officer  au- 
thorized to  collect  and  receive  the  amount  of  such  assessment  to 
charge,  collect  and  receive  interest  thereon,  at  the  rate  of  seven  per 
centum  per  annum,  to  be  calculated  from  the  date  of  such  entry  to 
the  date  of  payment. 

Sec.  1020.  Interest  shall  hereafter  be  charged  and  collected  at 
the  rate  of  seven  per  centum  per  annum  on  all  arrears  of  taxes  and 
assessments  returned  to  the  collector  of  assessments  and  arrears 
from  the  time  they  become  due  until  the  date  of  payment,  or  in 
case  a  sale  has  taken  place,  as  provided  in  section  1027,  until  the 
date  of  the  certificate  mentioned  in  said  section,  and  on  the 
rents  and  charges  for  water  from  the  time  the  taxes  become 
due,  to  which  they  may  be  added  as  required  by  section  1025, 
until  the  same  date  respectively. 

Apportionment  of  assessment. 

Sec.  1021.  If  a  sum  of  money  in  gross  has  been  or  shall  be  as- 
sessed for  local  improvements  upon  any  lands  or  premises  in  the 
City  of  New  York,  any  person  or  persons  claiming  any  divided  or 
undivided  part  thereof  may  pay  such  part  of  the  sums  of  money  so 

488 


assessed,also  of  the  interest  and  charges  due  or  chargfed  thereon,  as 
the  Comptroller  may  deem  to  be  just  and  equitable;  and  the  remain- 
der of  the  sum  of  money  so  assessed,  together  with  the  interest  and 
charges,  shall  be  a  lien  upon  the  residue  of  the  land  and  premises 
only,  which  residue  may  be  sold  in  pursuance  of  the  provisions  of 
this  Act,  to  satisfy  the  residue  of  such  assessment,  interest,  or 
charges,  in  the  same  manner  as  though  the  residue  of  said  assess- 
ment had  been  imposed  upon  the  residue  of  said  land  or  premises. 

Commissioner  of   Water  Supply  to  transm.it  separate  account  for 
each  ward :  penalty  for  wasting  water. 

Sec.  1022.  The  Commissioner  of  Water  Supplyshall,  annually, 
at  the  time  the  tax  levy  in  each  year  is  confirmed  by  the  Municipal 
Assembly,  cause  to  be  prepared  and  transmitted  to  the  col- 
lector of  assessments  and  arrears  a  separate  account  for  each 
ward  of  all  lots  on  which  the  water  rents  for  that  year,  including 
the  extra  charges  to  be  included  in  said  rents,  as  provided  by 
this  Act,  may  remain  unpaid,  with  the  amount  due  on  each  lot, 
and  shall,  at  the  same  time,  notify  the  Comptroller  of  the  aggre- 
gate amount  of  such  water  rents  so  returned,  and  shall  thereafter 
receive,  no  payment  on  account  of  the  same,  but  may,  neverthe- 
less, certify  to  the  collector  of  assessments  and  arrears  any 
overcharges,  which  shall,  upon  said  certificate,  be  remitted  by  the 
collector  of  assessments  and  arrears  at  any  time  before  settle- 
ment. The  said  Commissioner  of  Water  Supply  is  hereby 
authorized  to  prescribe  a  penalty,  not  exceeding  the  sum 
of  five  dollars  for  each  offense,  for  permitting  water  to 
be  wasted,  and  for  any  violation  of  such  reasonable  rules 
as  he  may  from  time  to  time  prescribe  for  the  prevention  of  the 
waste  of  water;  such  fines  shall  be  added  to  the  water  rents. 

Receiver  of  taxes  to  return  arrears  to  the  collector. 

Sec.  1023.  The  receiver  of  taxes  shall,  on  the  first  day 
of  June,  in  each  year,  make  a  return  to  the  collector  of 
assessments  and  arrears,  of  all  taxes  on  real  estate  and  of 
water  rates  and  rents,  which]  j^have  been  added  thereto, 
remaining    unpaid,    and    shall    notify    the    Comptroller    of    the 

489 


aggregate  amount  of  arrears  so  returned,  and  balance  on  his  books 
the  accounts  of  the  arrears  so  returned,  by  charging  the  amount 
thereof  to  the  said  collector,  and  shall  thereafter  receive  no  pay- 
ments on  account  of  arrears  so  returned,  but  may  nevertheless  cer- 
tify to  the  collector  of  assessments  and  arrears  any  errors,  which 
shall,  upon  such  certificate,  be  corrected  by  the  said  collector 
any  time  before  settlement. 

Water  rents  to  he  provided  for  in  assessment  rolls. 

Sec.  1024.  There  shall  be  ruled  in  the  yearly  assessment  rolls 
of  each  ward  a  column  headed  "water  rents"  in  which  immediately 
after  the  confirmation  of  such  assessment  rolls,  the  collector  of  assess- 
ments and  arrears  shall  cause  to  be  entered  opposite  the  ward  and 
block  numbers  of  the  property  on  which  the  said  arrears  may  be  due, 
the  amounts  due  for  "water  rents,"  as  transmitted  to  him  by  the 
Commissioner  of  Water  Supply,  in  accordance  with  the  law,  and  the 
same  shall  be  collected  at  the  same  time  and  in  the  same  manner 
with  the  taxes  to  which  they  shall  be  added. 

Arrears  likewise  to  he  provided  for. 

Sec. 1025.  There  shall  be  ruled  in  the  yearly  assessment  rolls  of 
the  taxes  In  each  ward,  a  column  headed  "arrears,"  in  which  the 
collector  of  assessments  and  arrears  shall,  annually,  before  any  taxes 
for  the  year  are  collected,  cause  to  be  entered  the  word  "arrears" 
or  "sold,"  according  as  the  fact  maybe,  opposite  to  the  ward, 
lot,  town  and  map  numbers  on  which  any  arrears  of  taxes, 
or  of  taxes  with  the  water  rent  added,  shall  be  due,  or  on 
which  any  assessment  shall  remain  unpaid  which  was  due  or 
confirmed  thirteen  months  prior  to  the  first  of  June,  then  last 
past,  or  which  may  have  been  sold  for  assessments,  taxes,  or 
water  rents,  and  yet  be  redeemable. 

Bills  for  taxes  to  show  arrears. 

Sec.  1026.  There  shall  be  ruled  a  column  for  "arrears" 
in  every  bill  rendered  for  taxes  for  lots  on  which  said  arrears 
or  assessments,  or  taxes  with  water  rents  added,  may  be 
due  as  aforesaid,  or  may  have  been  sold  and  yet  be  redeem- 
able, in  which  shall  be  written  opposite  the  entry  of  the  ward, 

490 


lot,  town  and  map  number  of  said  lot,  "arrears"  or  "sold 
according  as  the  fact  may  be ;  and  it  is  hereby  declared  to 
be  the  duty  of  the  receiver  of  taxes  to  cause  a  record  to  be  kept  of 
the  ward  and  block  numbers  of  all  lots  so  noted  in  said  bill  as  in  ar- 
rears, or  sold,  when  said  bills  are  presented  for  settlement,  and  at 
the  bottom  of  said  bill  shall  be  printed:  "the  columns  for  arrears  in- 
dicate lots  sold  for  arrears,  or  to  be  sold  therefor;  arrears  to  be 
paid  and  lots  redeemed  at  the  office  of  the  collector  of  assess- 
ments and  arrears." 

Sales  of  lands  for  taxes  and  assessments:  proceedings. 

S3i:c.  1027.  Whenever  any  tax  on  lands  or  tenements, 
or  any  assessments  on  lands  or  tenements  for  local  improve- 
ments, shall  remain  unpaid  for  the  term  of  three  years  from 
the  time  the  same  shall  have  been  confirmed,  and  also  when- 
ever any  rents  for  water  in  said  city  shall  have  been  due  and 
unpaid  for  the  term  of  four  years  from  the  time  the  same  shall 
have  been  due,  it  shall  and  may  be  lawful,  for  the  collector  of 
assessment  and  arrears,  under  the  direction  of  the  Comptroller,  to 
advertise  the  said  lands  and  tenements  or  any  of  them  for  sale,  and 
by  such  advertisement  the  owner  or  owners  of  such  lands  and  tene- 
ments respectively  shall  be  required  to  pay  the  amount  of  such  tax, 
assessment,  or  water  rents  so  remaining  unpaid,  together  with  the 
interest  thereon  ait  the  rate  of  se7>en  per  cent,  per  annum  to  the  time 
of  payment,  with  the  charges  of  such  notice  and  advertisement,  to 
the  said  collector,  and  notice  shall  be  given  by  such  advertisement 
tliat  if  default  shall  be  made  in  such  payment  such  lands  and  tene- 
ments will  be  sold  at  public  auction  at  a  day  and  place  therein  to  be 
specified,  for  the  lowest  term  of  years  ait  which  any  person  or  per- 
sons shall  offer  to  take  the  same  in  consideration  of  advancing  the 
said  tax,  assessment,  or  water  rents,  as  the  case  may  be,  and  the  in- 
terest thereon  as  aforesaid  to  the  time  of  sale,  and  the 
charges  of  the  above  mentioned  notices  and  advertisement  and  all 
other  costs  and  charges  accrued  thereon;  and  if,  notwithstanding 
such  riotice,  the  owner  or  owners  shall  refuse  or  neglect  to  pay  such 
tax,  assessment,  or  water  rents,  with  the  interest  as  aforesaid,  and 

491 


the  charges  attending  such  notice  and  advertisement,  then  it  shall 
and  may  be  lawful  for  the  said  collector  under  the  direction  of 
the  said  Comptroller,  to  cause  such  lands  and  tenements  to  be  sold 
at  public  auction  for  a  term  of  years,  for  the  purpose  and  in  the 
manner  expressed  in  the  said  advertisement,  and  such  sale  shall  be 
made  on  the  day  and  at  the  place  for  that  purpose  mentioned  in  the 
said  advertisement,  and  shall  be  continued  from  time  to  time,  if 
necessary,  until  all  the  lands  and  tenements  so  advertised  shall  be 
sold ;   and  the  said  collector  shall  give  to  the  purchaser  or  pur 
chasers  of  any  such  lands  and  tenements  a  certificate  of  sale,  in  writ- 
ing, describing  the  lands  and  tenements  so  purchased,  the  term  of 
years    for  which    the    same    shall    have    been    sold,    the    sura 
paid    therefor,    and    the    time    when     the    purchaser    will     be 
entitled    to    a    lease    of    the    said    lands    and    tenements.     But 
no  houses  or  lots,   or   improved    or    unimproved    lands,   in    the 
City  of   New   York,   shall  be   hereafter   sold   or   leased   at   pub- 
lic auction  for  the  non-payment  of  any  tax,  assessment,  or  water 
rents  which  may  be  due  thereon,  unless  notice  of  such  sale  shall  have 
been  published  once  in  each  week  successively  for  three  months  im 
the  City  Record  and  the  corporation  newspapers,  which  adver 
tisement  shall  contain,  appended  to  said  notice,  a  particular  and 
detailed  statement  of  the  property  to  be  sold  for  taxes,  assess- 
ments or  water  rents  ;    or  the  said  detailed  statement  and  descrip 
tion,  instead  of  being  published  in  the  City  Record  and  the  cor- 
poration newspapers,  shall,  at  the  option  of  the  said  Comptroller, 
be  printed  in  a  pamphlet,  in  which  case  copies  of  the  pamphlet 
shall  be  deposited  in  the  ofifice  of  the  said  collector,  and  shall 
be  delivered  to  any  person  applying  therefor.    And  the  notice  pro- 
vided for  in  this  section  to  be  given  of  the  sale  of  houses  and  lots 
and  improved  and  unimproved  lands  shall  also  state  that  the  de- 
tailed statement  of  the  taxes,  assessments,  or  water  rents,  and  the 
ownership  of  the  property  taxes  assessed,  and  on  which  the  water 
rents  are  unpaid,  is  published  in  the  City  Record  and  the  cor- 
poration newspapers,  or  in  a  pamphlet,  as  the  case  may  be,  and 
that  copies  of  the  pamphlet  are  deposited  in  the  ofifice  of  the 
said  collector,  and  will  be  delivered  to  any  person  applying  for 

492 


the  same.  No  other  notice  or  demand  of  the  tax,  assessment, 
or  water  rent  shall  be  required  to  authorize  the  sale  of  any  lands 
and  tenements  as  hereinbefore  provided. 

Contiguous  lots  to  be  advertised  as  one  parcel. 

Sec.  1028.  In  advertising  houses  and  lots  and  improved  or 
unimproved  lands  to  be  sold  for  the  non-payment  of  taxes  and 
assessments,  or  water  rents,  it  shall  be  the  duty  of  the  collector 
of  assessments  and  arrears  to  advertise  all  the  houses  and  lots  or 
other  lands  lying  contiguous  to  each  other  and  belonging  to  the 
same  owner  in  one  parcel,  unless  otherwise  requested  by  such 
owner,  but  he  may  sell  separately  the  said  houses  and  lots  as  the 
same  may  have  been  assessed. 

Postponement  of  sales. 

Sec.  1029.  It  shall  be  lawful  for  the  Comptroller  to  suspend  or 
postpone  any  sale  or  sales  of  lands  and  tenements  or  any  portion 
thereof  which  shall  have  been  advertised  for  sale,  to  any  time  not 
exceeding  fifteen  months  from  the  day  specified  in  any  such  adver- 
tisement. All  sales  which  shall  be  so  postponed  or  suspended  shall 
be  made  without  further  advertisement,  other  than  a  general  notice 
of  such  postponement  to  be  published  in  the  City  Record  and 
the  Corporation  newspapers. 

Sa/es  for  taxes  and  assessments  to  be  conducted  by  the  collector  of 
Assessments  and  Arrears  :  provision  for  repayment  of  purchase 
money  when  the  sale  is  vacated. 

Sec.  1030.  The  collector  of  assessments  and  arrears  or  his  as- 
sistant shall  conduct  the  sales  hereinabove  provided  to  be  made, 
and  no  auctioneer  other  than  said  collector  or  his  assistant  shall 
be  employed  to  make  such  sale,  and  no  auctioneer's  fees  shall  be 
charged  thereon.  Certificates  or  sale  shall  be  made  and  delivered 
to  the  purchaser  without  charge.  In  case  any  sale  shall  be 
vacated  or  cancelled,  the  purchaser,  his  legal  representative  or 
assign,  shall  be  repaid  the  amount  paid  by  him  at  such  sale, 
with  interest  thereon  from  the  time  of  such  payment. 

493 


Corporation  may  bid  in  property. 

Sec.  1031.  It  shall  be  lawful  for  the  collector  of  assessments  and 
arrears,  at  any  sale  of  lands  and  tenements  in  the  City  of  New 
York,  for  taxes,  assessments,  or  water  rents,  to  bid  in,  for  the 
City  of  New  York,  every  lot  and  premises  so  put  up  for  sale  for 
which  no  person  shall  offer  to  bid,  and  certificates  of  such  sales 
shall  be  made  by  the  said  collector  to  the  City  of  New  York,  in  the 
form  and  manner  prescribed  for  individuals.  All  such  purchases 
shall  be  subject  to  the  same  rights  of  redemption  as  purchases 
by  individuals ;  and  if  the  lands  and  tenements  sold  shall  not  be 
redeemed,  or  shall  not  have  been  assigned,  the  Comptroller  of  the 
City  shall  execute  a  lease  therefor  to  the  City  of  New  York,  with 
the  same  effect  as  in  cases  of  leases  to  individuals  in  this  title 
provided. 

Id.:  how  assigned. 

Sec.  1032.  It  shall  be  the  duty  of  said  collector,  in  all 
cases  of  purchases  of  lands  and  tenements  by  the  City  of  New 
York  for  taxes,  assessments,  or  water  rents,  to  assign  any  and  all 
such  purchases  to  any  person  who  shall  at  any  time  within  one  year 
from  the  time  when  such  purchases  were  made,  offer  to  take  the 
same,  upon  his  or  her  paying  to  the  said  collector  of  assessments 
and  arrears,  for  the  use  of  the  City,  the  purchase  money,  with 
seven  per  cent,  interest  thereon.  The  person  so  receiving  the 
assignment  shall  be  entitled,  upon  the  redemption  of  the  prop- 
erty, to  receive  the  amount  so  paid  by  him  or  her  in  the  City 
with  interest  from  the  time  of  such  payment  at  the  rate  and  in 
the  same  manner  as  if  he  or  she  had  purchased  the  property  at 
a  sale  for  taxes,  assessments  or  water  rents. 

Certificates  where  consolidated  municipality  has  bid  in  property. 

Sec.  1033.  In  cases  where  lands  within  the  boundaries  of  any  of 
the  municipal  corporations  or  pants  of  municipal  corporations  by 
this  Act  consolidated  with  the  corporation  known  as  the  Mayor, 
Aldermen  and  Commonalty  of  the  City  of  New  York,  have  been 
sold  for  taxes  and  assessments  and  the  title  upon  such  sales  has 
pa'>sed  to  either  of  said  municipal  corporations  or  parts  of  muni- 

494 


cipal  corporations,  such  title  is  hereby  transferred  to  and 
vested  in  the  Corporation  of  The  City  of  New  York  as  con- 
stituted by  this  Act;  and  said  corporation  shall  have  all  the  rights, 
privileges,  and  property  of  its  predecessor  in  said  title  and  the  same 
powers  and  privileges  in  respect  to  the  enforcement  of  the  same  or 
the  sale  or  lease  thereof,  and  the  Comptroller  of  the  City  shall  con- 
trol the  same  in  all  respects,  as  by  statute  in  such  cases  already 
made  and  provided. 

Redemption  of  lands  purchased  by  Corporation. 

Sec.  1034.  In  all  cases  of  lands  and  tenements  purchased  by  the 
City  of  New  York  for  taxes,  assessments,  or  water  rents,  in  which 
the  same  shall  not  have  been  assigned,  any  person  claiming  title 
to  such  lands  and  tenements,  or  any  other  person,  may  redeem 
the  same  in  like  manner  and  to  the  same  effect  as  in  cases  of  indi- 
vidual purchases,  by  paying,  in  the  manner  provided  by  law,  for 
the  use  of  the  said  City,  the  purchase  money  with  seven  per  cent, 
interest  thereon,  together  with  any  and  all  expenses  which  shall 
have  accrued  since  the  sale ;  and  in  all  cases  where  lands  and 
tenements  shall  be  conveyed  to  the  said  City  pursuant  to  the 
provisions  of  this  title,  it  shall  be  the  duty  of  the  said  collector 
in  the  name  of  the  said  City,  to  cause  notices  to  be  served  in  the 
manner  in  this  title  provided. 

Corporation  to  take  possession  of  unclaimed  lands. 

Sec.  1035.  It  shall  be  lawful  for  the  City  of  New  York,  and  it 
is  hereby  authorized  and  empowered,  to  take  peaceable  possession 
of,  or  sue  for  and  recover,  and  to  hold,  occupy,  and  enjoy  all  lots 
or  pieces  or  parcels  of  land,  situate,  lying,  and  being  in  the  City 
which  have  or  w'hich  may  be  sold  for  a  term  of  time  for  the  pay- 
ment of  any  taxes  or  assessments  in  the  said  City,  after  the  expira- 
tion of  the  term  from  w^hich  the  samie  may  have  been  or  shall  be  so 
sold,  provided  the  rightful  owner  of  the  same  shall  not  then  claim 
possession  of  the  same,  and  to  have,  hold,  and  occupy  the  same  un- 
til the  rightful  owner  shall  claim  possession  of  the  same,  and  shall 
pay  all  sums  which  may  be  due  thereon  for  taxes,  assessments,  and 

495 


also  the  value  of  the  improvements  which  may  be  made,  or  erected 
upon  the  same  by  the  City  of  New  York,  over  and  above  all  the 
rents,  issues,  and  profits  which  may  be  received  by  the 
City  of  New  York  for  or  on  account  of  the  rents,  is- 
sues, and  profits  of  any  such  premises;  provided  always, 
that  the  City  of  New  York  shall  not  be  entitled  to  demand  any 
sum  of  money  for  any  such  improvements,  unless  it  shall  have 
caused  to  be  published,  in  the  City  Record  and  the  corporation 
newspapers  for  at  least  three  months  previous  to  the  making 
of  such  improvements,  a  notification  to  the  owners  of  the  said 
lots,  to  appear  and  take  possession  of  their  said  premises ;  and,  furth- 
er, that  in  no  case  shall  the  owners  of  the  said  premises  be  compelled 
to  pay  for  any  such  improvements  a  sum  exceeding  two-thirds  of 
the  value  of  their  said  lots  of  land.  The  City  shall  account  for  and 
pay  over  to  the  rightful  owner  of  any  such  lots  of  land  all  the  rents, 
issues,  and  profits  which  the  City  of  New  York  may  receive  on  ac- 
count of  such  premises  over  and  above  the  amount  of  all  taxes  and 
assessments  due  for  or  on  account  of  the  said  premises,  and  over  and 
above  the  value  of  all  such  improvements  thereon  as  shall  be  made 
after  the  notification  mentioned  in  this  section,  and  as  shall  not  ex- 
ceed two-^;hirds  of  the  value  of  said  lots  of  land. 

Mortgagees  to  be  notified  of  sale  before  the  time  to  redeem  expires. 

Sec.  1036,  In  cases  of  sales  of  real  estate  for  the  non-pay- 
ment of  taxes  or  assessments,  it  shall  be  the  duty  of  the 
collector  of  assessments  and  arrears,  sixty  days  before  the 
time  limited  by  law  for  the  redemption  of  any  real  estate 
from  the  effect  of  such  sales,  to  cause  notice  to  be 
given  to  all  mortgagees  of  the  real  estate  so  sold,  their  assignees  or 
personal  representaitives,  and  to  all  owners,  lessees,  or  persons  other- 
wise interested,  or  their  legal  representatives,  who  shall  at  any  time, 
at  least  one  month  before  the  time  for  the  giving  of  such  notice, 
have  filed  in  the  ofifice  of  the  Register  or  County  Clerk  of  the 
County  in  which  said  real  estate  is  situated  a  memorandum 
of  such  mortgage  and  of  such  real  estate,  containing  a  brief  ab- 
stract, designating  the  property,  with  the  street  number,  if  there 
be  any,  or  such  definite  description  or  diagram  as  will  enable  the 

496 


said  collector  of  assessments  and  arrears  to  designate  the  said 
premises  upon  the  City  maps,  and  the  name  and  residence  of 
such  mortgage,  assignee,  or  personal  representive,  and  such 
owner,  lessee,  or  person  represented. 

How  such  notice  shall  be  given. 

Sec.  1037.  Such  notice  shall  be  given  by  putting  into  the  post 
office  in  the  City  of  New  York,  directed  to  such  mortgagees,  as- 
signees, or  personal  representatives,  at  their  places  of  residence,  if 
known  to  the  collector  of  assessments  and  arrears,  and 
such  owners,  lessees,  or  persons  otherwise  interested,  a 
printed  list  describing  all  the  property  sold  for  taxes  and 
remaining  unredeemed.  Such  description  shall  name  the 
street  or  avenue  on  which  the  property  may  be  situate,  the  side  of 
the  street  or  avenue,  and  between  what  streets  or  avenues,  with  the 
map  or  si  reel  numbers  of  the  property,  and  in  whose  name  assessed^ 
together  with  the  term  of  years  and  amount  for  which  the  same 
shall  have  been  sold,  and  the  day  or  days  on  which  the  time  limited 
for  the  redemption  of  the  property  will  expire,  with  a  notice  that 
unless  the  property  shall  be  redeemed  on  or  by  such  days^  by  the 
payment  of  the  sums  for  which  the  same  were  sold,  with  all  interest 
and  expenses  allowed  by  law,  that  leases  will  be  given  to  the  pur- 
chasers, in  accordance  with  the  statute  in  such  case  made  and  pro- 
vided. .    ,       - 

Amdavit  of  service. 

Sec.  1038.  An  affidavit  of  the  service  of  such  notice  as  is  re- 
quired in  the  two  preceding  sections,  before  any  officer  authorized 
to  take  affidavits  to  be  read  in  a  court  of  record,  and  filed  in  the 
office  of  the  said  Register  or  County  Clerk  or  a  certified  copy- 
thereof  under  the  signature  of  such  Register  or  County  Clerk, 
shall  be  evidence  of  the  fact  of  such  notice. 

Register  to  record  memoranda. 

Sec.  1039.  It  shall  be  the  duty  of  the  said  Register  or 
County  Clerk  to  keep  in  his  office  a  book,  alphabetically  ar- 
ranged, for  the  registering  of  all  such  memoranda  as  aforesaid^ 
which  book  shall  be  open  to  the  inspection  of  any  person  desir- 

497 


ing  to  examine  the  same,  without  charge.  The  said  Register  or 
County  Clerk  shall  be  entitled  to  receive  twenty-five  cents  for 
registering  the  memorandum  of  each  mortgage,  as  above  pro- 
vided. 

Mortgagee's  right  to  redeem. 

Sec.  1040.  Such  mortgagees  or  their  assignees  or  personal  rep- 
resentatives, and  such  owners,  lessees,  or  persons  otherwise  inter- 
ested, or  their  legal  representatives,  shall  be  entitled  to  redeem  the 
property  sold  from  the  efifect  of  such  sale,  at  any  time  within  two 
years  from  the  date  of  such  sale,  and  such  mortgagees,  assignees, 
or  personal  representatives  shall  have  a  lien  on  the  property  for  the 
amount  paid,  with  the  interest  which  may  thereafter  accrue  thereon, 
at  the  rate  of  seven  per  centum  per  annum,  in  like  manner  as  if  the 
same  had  been  included  in  such  mortgage. 

Notice  of  expiration  of  time  to  redeem  to  he  published:  lease  to  he  exe- 
cuted to  purchaser  on  default  to  redeem. 

Sec.  1041.  The  collector  of  assessments  and  arrears  under 
direction  of  the  Comptroller  of  the  City,  shall  cause  an  ad- 
vertisement to  be  published  at  least  twice  in  each  week, 
for  six  weeks  successively  in  the  City  Record  and  the  cor- 
poration newspapers,  in  such  form  as  he  shall  deem  best 
calculated  to  give  notice  of  such  sale,  that  unless  the  lands 
and  tenements  sold  be  redeemed  by  a  certain  day,  they  will 
be  conveyed  to  the  purchaser.  If  the  person  or  persons  claim- 
ing title  to  the  said  lands  and  tenements,  or  some  other  persons,  shall 
not,  within  two  years  from  the  date  of  the  before  mentioned  certifi- 
cate, pay  to  the  said  collector,  for  the  use  of  the  purchaser 
or  purchasers,  his,  her,  or  their  heirs,  executors,  administrators,  or 
assigns,  the  sum  mentioned  in  such  certificate,  together  with  the 
interest  thereon,  at  the  rate  of  fourteen  per  centum  per  annum,  from 
the  date  of  such  certificate,  the  said  Comptroller,  in  the  name  of  the 
City  of  New  York,  at  the  expiration  of  the  said  two  years,  shall  exe- 
cute to  tTie  purchaser  or  purchasers,  his,  her,  or  their  heirs,  exec- 
utors, administrators,  or  assigns,  a  lease,  under  the  common  seal  of 

498 


the  City,  of  the  lands  and  tenements  so  sold  for  such  term  of  years 
as  the  same  shall  have  been  sold,  and  the  execution  thereof  shall 
be  witnessed  by  the  said  collector.  At  the  time  of  receiving  the 
lease  the  purchaser  shall  pay  the  sum  of  two  dollars  and  fifty  cents 
to  the  said  collector  for  the  expense  of  drawing  said  lease,  and  also 
the  expense  of  advertising  the  notice  to  redeem ;  and  all  such  leases 
executed  by  the  said  Comptroller  and  witnessed  by  the  said  collec- 
tor shall  be  presumptive  evidence  that  the  sale  and  all  proceedings 
prior  thereto,  from  and  including  the  assessments  on  said  lands  and 
tenements,  for  taxes  or  assessments  or  water  rents,  and  all  notices 
required  by  law  to  be  given  previous  to  the  expiration  of  the  two 
years  allowed  to  redeem,  were  regular  and  according  to  the  provi- 
sions of  the  statute  in  such  cases  made  and  provided ;  and  such  pur- 
chaser or  purchasers,  his,  her,  or  their  heirs,  executors,  administra- 
tors, or  assigns,  shall,  in  virtue  thereof  and  of  this  title,  lawfully 
hold  and  enjoy  the  said  lands  and  tenements  in  said  lease  mentioned 
for  his,  her,  or  their  own  proper  use  against  the  owner  or  owners 
thereof,  and  all  claiming  under  him,  her,  or  them,  until  such  pur- 
chaser's term  therein  shall  be  fully  complete  and  ended ;  and  the  said 
purchaser  or  purchasers,  his  ,  her,  or  their  heirs,  executors,  admin- 
istrators, or  assigns,  shall  be  at  liberty  to  remove  all  the  buildings  or 
miajterials  which  he,  she,  or  they  shall  erect  or  place  thereon  during 
the  said  term,  within  one  month  after  the  exipration  of  the 
said  term,  but  leaving  tHe  lands  and  tenements,  with  the  streets 
fronting  the  same,  in  the  order  required  by  the  regulations  of  the 
Municipal  Assembly;  provided  that  such  lease  shall  not  be  executed 
and  delivered  until  the  expiration  of  six  months  after  the  publica- 
tion of  the  notice  last  herein  above  mentioned. 

Redeeming  a  portion  of  lands  sold. 

Sec.  1042.  In  all  cases  where  pieces  or  parcels  of  land  shall 
have  been  sold  for  taxes,  assessments  or  water  rents,  and  any 
person  shall  claim  to  redeem  any  portion  of  the  same  within  the 
time  limited  for  redemption,  he  shall  be  permitted  to  do  so  on  pay- 
ing the  apportionment  of  the  tax,  assessment  or  water  rents  for 
which  the  property  was  sold,  together  with  the  interest  on  the  same, 

499 


and  an  equitable  proportion  of  the  expense,  the  apportionment  to 
be  made  by  the  Comptroller. 

Sale  of  lands  actually  occupied:  notice  to  be  served. 

Sec.  1043.  Whenever  any  lands  or  tenements  sold  for  taxes, 
assessments,  or  water  rents,  and  conveyed,  as  in  this  title  provided, 
shall,  at  the  time  of  conveyance,  be  in  the  actual  occupancy  of  any 
person,  the  grantee  to  whom  the  same  shall  have  been  conveyed, 
or  the  person  claiming  under  him,  shall  serve  a  written  notice  on 
the  person  occupying  such  lands  or  tenements,  and  in  all  cases  on 
the  person  owning  the  property  so  conveyed,  whether  the  property 
be  in  occupancy  or  not,  provided  such  owner  resides  in  the  City  of 
New  York,  or  in  any  adjoining  county;  in  case  the  owner  does  not 
reside  in  the  City  of  New  York,  or  in  an  adjoining  county,  said  no- 
tice shall  be  sent  to  his  or  her  post-office  address  by  mail.  All  such 
notices  shall  state  in  substance  the  sale  and  conveyance,  the  person 
to  whom  made,  and  the  amount  of  consideration  money  mentioned 
in  the  conveyance,  with  the  addition  of  forty-two  per  centum  on 
such  amount  as  the  said  lands  or  tenements  were  struck  off  for  at 
the  time  of  the  sale,  and  the  further  addition  of  the  sum  paid  for  the 
lease  and  advertisement;  and  stating,  also,  that  unless  such  consid- 
eration money,  and  the  said  forty-two  per  centum,  together  with 
the  sum  paid  for  the  lease  and  advertisements,  shall  be  paid  to  said 
collector  of  assessments  and  arrears,  for  the  benefit  of  the  gran- 
tees, within  six  months  after  the  service  of  such  notice,  the 
said  conveyance  will  become  absolute,  and  the  owner,  occupant, 
and  all  others  interested  in  the  lands  or  tenements  be  barred 
from  all  right  and  title  thereto  during  the  term  of  years  for 
which  such  lands  or  tenements  shall  have  been  conveyed.  And 
no  conveyance  made  in  pursuance  of  this  title  shall  be  recorded 
until  the  expiration  of  such  notice,  and  the  evidence  of  the 
service  of  such  notice  shall  be  recorded  with  such  conveyance. 

Id.:  mode  of  service. 

Sec.  1044.  Such  notice  shall  be  served  personally  or  by  leaving 
the  same  at  the  dwelling  house  of  the  occupant  and  of  the  person 

500 


owning  the  property  conveyed,  with  any  person  of  suitable  age  and 
discretion  belonging  to  his  or  her  family,  and  the  name  of  the  person 
on  whom  served  shall  be  stated  in  the  affidavit  of  service  hereinafter 
mentioned  if  the  same  can  be  ascertained,  and  if  served  by  mail, 
shall  state  tjhe  time  when  the  same  was  mailed. 

Id. :  affidavit  thereof. 

Sec.  1045.  In  every  such  case  the  grantee,  or  the  person  claim- 
ing under  him,  in  order  to  complete  his  title  to  the  land  conveyed, 
shall  file  with  the  said  collector  of  assessments  and  arrears 
an  affidavit  of  some  person  residing  in  the  City  of  New  York, 
who  shall  be  certified  as  credible  by  the  officer  before  whom 
such  affidavit  shall  be  taken,  that  such  notice  was  duly  served, 
specifying  the  time  of  service,  the  mode  and  manner  of  service 
and  a  copy  of  such  notice  shall  be  attached  thereto. 

Certificate  of  the  Comptroller:  effect  thereof. 

Sec.  1046.  If  the  said  Comptroller  shall  be  satisfied  by  such  affi- 
davit that  tfie  notice  has  been  duly  served,  and  if  the  moneys  re- 
quired to  be  paid  for  the  redemption  of  such  lands  or  tene;ments  shall 
not  have  been  paid  as  hereinbefore  provided,  he  shall,  under  his  hand 
and  seal,  certify  to  the  fact,  and  the  conveyance  shall  thereupon  be- 
come absolute,  and  the  owner  and  all  others  interested  in  the  lands 
or  tenements  shall  be  barred  of  all  right  thereto  during  the  term  of 
years  for  which  the  same  (shall  have  been  conveyed. 

Owner  or  occupant:  when  may  redeem. 

Sec.  1047.  The  owner,  occupant,  or  any  other  person  may,  at 
any  time  within  ftihe  six  months  named  in  such  notice,  redeem  the 
said  lands  and  tenements  by  paying  isuch  purchase  money,  with  the 
addition  of  forty-two  per  cent,  thereon,  and  the  amount  that  shall 
have  been  paid  for  the  lease,  and  every  such  redemption  shall  be  as 
effectual  as  if  made  before  the  conveyance  of  the  lands  or  tenements 
sold. 

Rate  of  interest:  how  to  he  calculated. 

Sec.  1048.  The  rate  of  interest  allowed  by  law  to  the  purchaser 

501 


at  the  time  of  redemption  on  the  amount  of  the  purchase  money 
shall  be  reduced  to  fourteen  per  cent,  per  annum;  but  no  interest 
shall  be  calculated  on  a  less  portion  of  time  than  one-quarter  of  a 
year;  and  in  all  cases  where  the  property  shall  be  redeemed  during 
any  fractional  part  of  a  year,  the  interest  shall  be  calculated  so  as 
to  include  the  quarter  in  which  suOh  redemption  shall  be  made,  the 
time  to  be  computed  from  the  day  of  sale. 
Certificate  of  redemption  to  be  furnished. 

Sec.  1049.  Upon  such  redemption,  as  provided  for  in  the 
two  preceding  sections,  the  said  collector  of  assessments  and 
arrears  shall  give  to  the  person  redeeming,  a  certificate  under 
his  hand  and  seal,  stating  the  payment,  the  year  in  which  the 
sale  was  made,  and  showing  what  land  such  payment  is  intended 
to  redeem,  and  such  certificate  shall  be  evidence  of  such 
redemption. 

Lost  certificate;  delivery  of  lease  in  case  of. 

Sec  1050.  Whenever  any  certificate  given  by  the  Collector 
of  Assessments  and  Arrears,  as  in  this  title  provided,  of  lands 
sold  shall  be  lost,  the  said  Comptroller  may  receive  evidence  of 
such  loss,  and  on  satisfactory  proof  of  the  fact  may  execute  and 
deliver  a  lease  to  such  person  or  persons  who  shall  appear  entitled 
thereto  of  the  lands  and  tenements  described  in  the  certificate, 
and  may  also,  in  his  discretion,  require  a  bond  of  indemnity  to 
the  City  of  New  York.  Each  certificate  shall  be  registered  in 
the  record  of  sales  to  be  kept  in  the  bureau  of  said  Collector  of 
Assessments  and  Arrears,  and  no  transfer  of  such  certificate  shall 
be  valid  until  registered  in  said  book. 

Bills  of  Arrears  of  taxes  and  assessments  to  be  furnished  when 
requested. 

Sec.  1051.  The  Collector  of  Assessments  and  Arrears, 
upon  the  requisition  of  any  person,  shall  furnish  a  bill  of  all 
arrears  of  taxes,  and  of  taxes  with  the  * 'water  rents"  added  on 
any  lot  or  lots  due  prior  to  the  first  of  June,  then  last  passed ; 
and  of  assessments  which  shall  have  been  due  twelve  months  or 
over,  including  the  amount  necessary  to  redeem  it  or  them,  if 
it  or  they  have  been  sold  for  any  arrears  of  assessments,  taxes 
or  water  rents  and  be  yet  redeemable ;  and  upon  the  payment  of 

502 


the  said  bill  (which  shall  be  called  a  "bill  of  arrears  of  assessments, 
taxes  and  water  rents  and  for  redemption")  his  receipt  thereon, 
countersigned  by  the  Comptroller,  shall  be  conclusive  evidence 
of  such  payment.  The  Comptroller  shall  cause  to  be  kept  a 
duplicate  account  of  amounts  so  collected,  and  the  certificate  of 
the  Collector  of  Assessments  and  Arrears,  countersigned  by  the 
Comptroller,  that  there  are  no  such  Hens  on  said  lot  or  lots, 
shall  forever  free  the  said  lot  or  lots  from  all  liens  of  taxes,  or  for 
taxes  with  water  rates  added,  or  for  rents  of  water  added  to  the 
taxes  prior  to  the  first  of  June  then  last  passed,  and  for  all  assess- 
ments due  thirteen  months  or  over,  prior  to  the  date  of  the  said 
receipt  or  certificate,  and  from  all  liens  in  consequence  of  sales 
for  assessments,  taxes,  or  water  rents,  or  for  all  of  them,  when 
the  time  allowed  by  law  for  redemption  had  not  expired  at  the 
date  or  time  of  said  payment  or  certificate. 

Id. :  fees  for  searches. 

Sec.  1052.  Fees  for  the  searches  to  be  paid  into  the  City 
treasury  shall  be  included  in  the  bills  mentioned  in  the  preced- 
ing section,  and  also  charges  for  certificates,  which  shall  be  given 
by  said  Collector  of  Assessments  and  Arrears,  respecting  lots  on 
which  there  may  be  no  arrears  when  searches  are  required ;  the 
said  fees  to  be  regulated  by  ordinance  of  the  Municipal  Assembly. 

Complete  record  of  sales  to  be  kept. 

Sec.  1053.  There  shall  be  kept  in  the  office  of  the  Collector 
of  Assessments  and  Arrears  a  record  of  all  sales  made  for  taxes, 
assessments,  and  water  rents,  which  record  shall  show  the  amount 
of  the  tax,  the  assessment,  and  the  water  rents,  a  description  of 
the  premises  sold,  the  date  of  the  sale,  the  name  of  the  person 
to  whom  sold,  the  term  of  years  for  which  such  property  was 
sold,  time  of  the  delivery  of  the  lease,  to  whom  delivered,  and 
when  the  same  shall  expire. 

Affidavits  of  publication  of  necessary  notices  to  be  preserved. 

Sec.  1054.  It  shall  be  the  duty  of  the  Collector  of  Assess- 
ments and  Arrears  to  procure,  preserve  and  register  in  his  office, 
affidavits  of  the  publication  of  all  the  notices  by  this  title  required 
to  be  published,  and  such  affidavits  shall  be  presumptive  proof  of 
such  publication  in  all  the  courts  of  this  State. 

503 


CHAPTER  XVIII. 

DEPARTMENT  OF  EDUCATION. 

Title  I.  The  Public  Schools  and  their  Management. 

Title  2.  The  College  of  The  City  of  New  York. 

Title  3.  The  Normal  College. 

Title  4.  General  Provisions. 

Title  i. 

the  public  schools  and  their  management. 

Board  of  Education  and  School  Boards :  property  under  their  care 
and  control :  in  what  name  suits  brought. 

Section  1055.  The  title  to  all  property,  real  and  personal, 
now  or  that  may  hereafter  be  acquired  for  school  or  educational 
purposes,  except  the  State  Normal  School  at  Jamaica,  and 
also  the  title  to  all  property,  real  and  personal,  purchased 
for  school  or  educational  purposes  with  any  school  moneys, 
whether  derived  from  the  issue  of  bonds,  or  raised  by  taxation 
in  The  City  of  New  York,  shall  be  vested  in  The  City  of  New 
York,  as  constituted  by  this  Act,  but  shall  be  under  the  care 
and  control  of  the  Board  of  Education  and  of  the  School  Boards 
of  the  various  Boroughs,  as  provided  in  this  Act,  for  the  pur- 
poses of  public  education.  Suits  in  relation  to  such  property 
shall  be  brought  in  the  name  of  the  said  Board  of  Education. 
The  said  City  of  New  York  shall  have  power  to  take  and  hold 
any  property,  real  or  personal,  devised  or  bequeathed  or  trans- 
mitted to  it  for  the  purposes  of  education  in  said  City ;  but 
such  property  shall  be  under  the  care  and  control  of  the  Board 
of  Education  and  of  the  School  Boards  of  the  various  Boroughs, 
as  provided  by  this  Act,  for  the  purposes  of  public  education 
in  said  City. 

504 


School  age  of  children. 

Sec.  1056.  The  schools  of  the  said  City  under  the  manage- 
ment and  control  of  the  Board  of  Education  and  of  the  several 
School  Boards  established  by  this  Act,  shall  be  free  to  all  per- 
sons over  five  and  under  twenty-one  years  of  age  residing  in 
said  City,  but  under  such  regulations  not  in  conflict  with  the 
general  school  law  of  the  State,  as  the  Board  of  Education  or 
the  respective  School  Boards  shall  prescribe ;  and  where  kin- 
dergarten schools  are  established  under  the  provisions  of  this 
Act,  they  shall,  in  like  manner,  be  free  to  children  not  less  than 
four  years  of  age  residing  in  said  City. 

Board  of  Education  :  succeeds  to  trusts  of  Public  School  Society. 

Sec.  1057.  All  the  trusts  held  by  or  vested  in  the  Public 
School  Society  of  the  City  of  New  York,  as  organized  and  exist- 
ing previous  to  its  several  acts,  in  compliance  with  the  pro- 
visions of  an  Act  entitled, "  An  Act  Relative  to  Common  Schools 
in  the  City  of  New  York,"  passed  the  4th  day  of  June,  one  thou- 
sand eight  hundred  and  fifty-three,  which  have  not  been  con- 
veyed by  the  said  society,  and  all  the  rights,  powers  and  duties 
of  the  said  society,  which  yet  remained  therein,  shall  continue 
and  be  vested  in  the  Board  of  Education  of  the  City  of  New 
York,  which  board  is,  and  shall  be  held  to  be  the  lawful  succes- 
sors of  said  society  in  the  execution  of  every  trust. 

Board  of  Education  and  School  Boards :   succeed  to  duties  and 
powers  of  former  boards,  etc. 

Sec.  1058.  Subject  to  the  provisions  of  this  Act,  and  so  far 
as  is  consistent  therewith,  the  Board  of  Education  of  The  City 
of  New  York,  as  created  by  the  terms  and  provisions  of  this  Act, 
and  the  School  Boards  of  the  various  Boroughs,  as  created  by 
the  terms  and  provisions  of  this  Act,  shall  respectively  be  sub- 
ject to  all  the  duties,  possess  all  the  rights  and  exercise  all  the 
powers  now  respectively  held  by  the  Boards  of  Education, 
Commissioners  of  Education  and  School  Trustees  existing  at 
the  time  of  the  passage  of  this  Act,  in  and  for  the  City  of  New 
York,  the  City  of  Brooklyn,  or  Long  Island  City,  or  the  school 
districts  of  the  County  of  Richmond,  and  the  school  districts 

505 


of  that  part  of  the  County  of  Queens,  by  this  Act  consolidated 
into  The  City  of  New  York,  and  such  duties  shall  be  deemed 
under  this  section  to  be  devolved  upon  the  said  Board  of 
Education  or  the  School  Boards  in  the  same  manner  as  similar 
duties  are  devolved  upon  the  said  Board  of  Education  or  the 
School  Boards  of  the  Boroughs,  by  this  Act. 

Money  to  conduct  schools  to  be  raised  by  taxation  after  1898. 

Sec.  1059.  The  Board  of  Estimate  and  Apportionment  and 
the  Municipal  Assembly  of  The  City  of  New  York  may,  in  the 
year  eighteen  hundred  and  ninety-nine,  and  in  each  and  every 
year  thereafter,  raise  and  collect  by  tax,  on  the  estates,  real 
and  personal,  liable  to  taxation  in  said  City,  such  sum  of  money 
as  may  be  necessary  to  provide  for  the  conduct  of  the  schools 
as  called  for  by  the  budget  adopted  by  the  said  Board  and  the 
said  Assembly  pursuant  to  the  provisions  of  this  Act ;  but 
nothing  contained  in  this  Act  shall  be  construed  to  limit  or 
restrict  the  power  of  the  Board  of  Estimate  and  Apportion- 
ment and  the  Municipal  Assembly,  to  tix  in  their  discretion, 
and  in  such  detail  as  they  may  deem  expedient,  the  amounts 
to  be  allowed  to  said  Board  of  Education  in  the  annual  tax 
levy. 

Special  attd  General  School  Funds :  all  motleys   to  be  received  by 
Board  of  Education . 

Sec.  1060.  All  moneys  raised  for  educational  purposes  in 
the  City  of  New  York  shall  be  raised  in  two  funds,  to  be  known 
as  the  Special  School  Fund  and  the  General  School  Fund, 
respectively.  The  Special  School  Fund  shall  consist  of  all 
moneys  raised  for  the  purchase  of  school  sites,  for  the  erection 
and  repairs  of  buildings,  for  the  purchase  and  the  leasing  of 
educational  and  school  buildings  ;  for  the  purchase  of  all  school 
supplies,  for  the  maintenance  of  the  Nautical  School,  and  for 
the  administrative  purposes  of  the  Board  of  Education. 

And  it  shall  be  the  duty  of  the  Board  of  Estimate  and 
Apportionment  and  of  the  Municipal  Assembly  to  indicate 
in  the  budget  in  raising  the  Special  School  Fund  the  respective 
amounts  thereof   which  shall  be  available  for   use  within   the 

506 


jurisdiction  of  each  of  the  School  Boards.  The  General  School 
Fund  shall  be  raised  in  bulk,  and  for  the  City  at  large,  and 
shall  contain  and  embrace  all  items  for  educational  purposes 
not  comprised  in  the  Special  School  Fund.  The  said  Board 
of  Education  shall  have  power  to  take  and  to  receive,  and 
shall  take  and  receive  all  moneys  appropriated  or  available  for 
educational  purposes  in  The  City  of  New  York. 

School  Board,   how  constituted :    vacancies :     members  to  hold  no 
other  office  except^  etc. 

Sec.  1061.     There  shall  be  the  following  School  Boards  in 
The  City  of  New  York : 

(1).  A  School  Board  for  the  Boroughs  of  Manhattan  and 
The  Bronx,  to  be  composed  of  twenty-one  members.  The 
Board  of  Education  of  the  City  of  New  York,  as  constituted 
prior  to  the  passage  of  this  Act,  shall  be  the  School  Board  in 
and  for  the  said  Boroughs,  and  the  members  of  said  Board  of 
Education  shall  serve  out,  as  members  of  the  School  Board, 
the  terms  for  which  they  were  respectively  appointed  as  mem- 
bers of  the  Board  of  Education  of  the  City  of  New  York. 
Their  powers,  duties  and  functions  as  a  Board  of  Education 
shall  cease  and  determine,  and  their  powers,  duties  and  func- 
tions as  a  School  Board  under  this  Act  shall  commence  on  the 
first  day  of  February,  1898. 

(2).  A  School  Board  for  the  Borough  of  Brooklyn,  to  be 
composed  of  forty-five  members.  The  Board  of  Education  of 
the  City  of  Brooklyn  shall  be  the  School  Board  in  and  for  the 
Borough  of  Brooklyn,  and  the  members  of  said  Board  of  Edu- 
cation shall  serve  out,  as  members  of  the  School  Board,  the 
terms  for  which  they  were  respectively  appointed  as  members 
of  the  Board  of  Education  of  the  City  of  Brooklyn.  Their 
powers,  duties  and  functions  as  a  Board  of  Education  shall 
cease  and  determine,  and  their  powers,  duties  and  functions  as 
a  School  Board  under  this  Act  shall  commence  on  the  first  day 
of  February,  1898. 

The  Mayor  shall  appoint  successors  to  the  members  of  the 
School  Board  of  the  Boroughs  of  Manhattan  and  The  Bronx 

507 


and  of  the  School  Board  of  the  Borough  of  Brooklyn  as  their 
terms  shall  respectively  expire. 

(3).  A  School  Board  for  the  Borough  of  Queens  and  a 
School  Board  for  the  Borough  of  Richmond,  each  to  be  com- 
posed of  nine  members,  to  be  appointed  as  follows :  On  the 
third  Wednesday  in  January,  1898,  the  Mayor  shall  appoint 
for  each  of  the  said  Boroughs,  nine  persons  to  constitute  the 
School  Board  in  the  said  Boroughs  respectively ;  three  of 
whom  shall  be  appointed  for  one  year,  three  for  two  years,  and 
three  for  three  years,  and  their  terms  of  office  shall  be  desig- 
nated in  their  letters  of  appointment.  They  shall  take  office, 
and  their  terms  shall  commence  on  the  first  day  of  February 
succeeding  their  appointment.  As  their  terms  respectively 
expire,  the  Mayor  shall  appoint  their  successors  for  a  full  term 
of  three  years. 

The  powers,  duties  and  functions  of  the  Board  of  Education 
of  Long  Island  City,  and  of  all  other  Boards  of  Education  within 
the  territory  by  this  Act  consolidated  into  The  City  of  New 
York,  and  of  the  Trustees  of  common  schools  for  the  school 
districts  included  in  The  City  of  New  York  as  constituted  by 
this  Act,  shall  cease  and  determine,  and  their  offices  shall  be 
abolished  on  the  first  day  of  February,  1898  ;  and  the  jurisdic- 
tion and  powers  of  School  Commissioners  within  the  territory 
of  The  City  of  New  York  as  constituted  by  this  Act,  shall  cease 
at  the  same  time. 

The  term  of  office  of  all  members  of  the  School  Boards, 
save  as  in  this  section  otherwise  provided,  shall  be  three  years. 
The  members  of  each  School  Board  shall  be  appointed  from 
the  residents  of  the  respective  Boroughs  in  which  they  are  to 
serve.  Vacancies  in  said  Board,  caused  by  death,  resignation, 
removal  from  the  Borough,  or  otherwise,  shall  be  filled  by  the 
Mayor  for  the  unexpired  term.  Members  of  the  School  Boards 
shall  hold  no  office  of  emolument  under  the  city,  county,  state, 
or  national  government,  except  the  offices  of  Notary  Public,  or 
Commissioner  of  Deeds,  or  offices  in  the  National  Guard. 

Board   of  Education  :    how    constituted ;   President ;    vacancies ; 
inembers  to  serve  without  pay. 

Sec.  1062.     There  shall  be  in  The  City  of  New  York  as  con- 

508 


stituted  by  this  Act,  a  Board  of  Education,  which  shall  have  the 
management  and  control  of  the  public  schools  and  of  the  public 
school  system  of  the  city,  subject  only  to  the  general  statutes 
of  the  State  relating  to  public  schools  and  public  school  instruc- 
tion, and  to  the  provisions  of  this  Act.  The  Board  of  Educa- 
tion of  The  City  of  New  York,  shall  consist  of  nineteen  mem- 
bers', and  shall  be  composed  as  follows :  of  the  chairman  of 
each  of  the  School  Boards  provided  for  by  the  last  preceding 
section,  by  virtue  of  his  office,  and  of  ten  delegates  elected  by 
the  School  Board  of  the  Boroughs  of  Manhattan  and  The  Bronx, 
and  of  five  delegates  elected  by  the  School  Board  of  the 
Borough  of  Brooklyn,  to  be  chosen  from  the  membership  of 
said  School  Boards,  respectively.  The  members  of  the  Board 
of  Education  so  elected  shall  serve  for  one  year  and  until  their 
successors  are  chosen.  On  the  third  Monday  of  February,  in 
the  year  1898  and  in  every  year  thereafter,  the  said  Board  of 
Education  shall  organize  by  electing  one  of  its  members  as 
President  of  the  Board,  who  shall  preside  at  its  meetings,  and 
shall  have  the  same  power  to  vote  thereat  as  any  other  mem- 
ber, but  who  shall  not  have  the  power  of  veto.  Any  vacancy 
in  the  office  of  members  of  the  Board  of  Education,  caused  by 
death,  resignation,  or  otherwise,  shall  be  filled  for  the  unex- 
pired term  in  the  same  manner  as  the  officer  whose  office  is 
vacated  was  chosen  or  elected.  Members  of  the  Board  of 
Education  and  of  the  several  School  Boards  shall  serve  with- 
out pay. 

Id.:  to  possess  powers  and  privileges  of  a  corporation. 

Sec.  1063.  For  the  purposes  of  this  Chapter,  the  Board  of 
Education  of  the  City  of  New  York  shall  possess  the  powers 
and  privileges  of  a  corporation. 

Id.:  to  be  Representative  of  school  system  :  To  require  and  revise 
estimates  frofn  School  Boards.  To  submit  estimate  for  entire 
school  system. 

Sec.  1064.  The  Board  of  Education  shall  represent  the  schools 
and  the  school  system  of  the  City  of  New  York  before  the  Board 
of  Estimate  and  Apportionment,  and  before  the  Municipal  As- 

509 


sembly  in  all  matters  of  appropriations  in  the  budget  of  the 
City  ifor  educational  purposes,  and  in  all  other  matters,  and 
shall,  in  general,  be  the  representative  of  the  school  system  of 
the  City  in  its  entirety.  The  said  board  shall  require  from 
each  School  Board  estimates  in  detail  of  the  moneys  needed 
for  the  administration  of  the  Department  of  Education  in  its 
Borough,  and  it  shall  be  the  duty  of  each  School  Board,  when- 
ever required  by  the  Board  of  Education,  to  transmit  such 
estimates  to  the  said  Board.  The  Board  of  Education  shall, 
thereupon,  restate,  rearrange,  revise,  and  verify  such  estimates 
so  as  to  form  an  estimate  for  the  entire  school  system  ot  the 
City,  which  it  shall  submit,  properly  divided  into  items  under 
the  General  School  Fund  and  the  Special  School  Fund,  to  the 
Board  of  Estimate  and  Apportionment  for  its  action. 

Id. :  administers  special  fund :  apportions  general  fund  and  files 
record  with  Comptroller. 

Sec.  1065.  The  Special  School  Fund  shall  be  administered 
by  the  Board  of  Education.  The  General  School  Fund  shall 
be  administered  by  the  respective  School  Boards  and  shall  be 
apportioned  by  the  Board  of  Education  among  the  different 
School  Boards  of  the  City  as  follows : 

(1.)  A  distributive  quota  to  each  School  Board  of  $ioo  for 
every  qualified  teacher,  or  for  successive  qualified  teachers 
who  shall  have  actually  taught  in  the  schools  under  the  charge 
of  the  Board  during  a  term  of  not  less  than  thirty-two  weeks 
of  five  successive  days  each,  inclusive  of  legal  holidays. 

(2.)  The  remainder  of  such  General  School  Fund  shall  be  ap- 
portioned among  the  said  School  Boards  by  the  said  Board  of 
Education  in  proportion  to  the  aggregate  number  of  days  of 
attendance  of  the  pupils  resident  in  the  Boroughs  under  their 
charge,  between  the  ages  of  five  and  eighteen  years,  at  their 
respective  schools,  during  the  last  preceding  school  year,  and 
also  of  such  pupils  resident  therein  over  four  years  of  age,  as 
shall,  during  the  last  preceding  school  year,  have  attended  any 
kindergarten  schools  established  under  the  direction  of  the 
School  Boards,  or  any  of  them,  pursuant  to  the  provisions  of 
this  Act.     The  aggregate  number  of  days  in  attendance  of  the 

510 


pupils  is  to  be  ascertained  from  the  records  thereof  kept  by  the 
teachers,  as  hereinafter  prescribed,  by  adding  together  the 
whole  number  of  days  oi  attendance  of  each  and  every  such 
pupil  in  the  schools  under  the  charge  of  the  respective  School 
Boards.  The  Board  of  Education  shall  file  a  record  of  their 
apportionment  of  the  General  School  Fund  and  of  all  appro- 
priations from  the  Special  School  Fund,  with  the  Comptroller. 

Id.:  may  direct  Comptroller  to  withhold  certain  appropriations. 

Sec.  1066.  The  Board  of  Education  shall  have  power  to 
direct  the  Comptroller  to  withhold  from  any  School  Board 
any  part  of  the  moneys  apportioned  to  it  upon  the  basis  of 
the  number  of  teachers  employed  in  any  school  under  its 
charge,  whenever  the  City  Superintendent  of  Schools  shall 
report  in  writing  to  said  Board  of  Education  that  the  pro- 
visions of  the  State  School  Laws,  or  of  this  chapter,  or  of 
the  by-laws  of  the  Board  of  Education  in  any  way  relating  to 
such  school  or  to  its  teachers,  are  not  being  complied  with  ; 
and  when  thereafter  the  City  Superintendent  shall  report  in 
writing  to  the  Board  of  Education  that  the  provisions  of  the 
State  School  Laws,  or  of  this  chapter,  or  of  the  by-laws  of  the 
Board  of  Education,  are  being  satisfactorily  complied  with 
in  said  school,  it  shall  be  the  duty  of  the  Board  of  Education 
to  direct  the  Comproller  to  place  at  the  disposal  of  the  School 
Board  concerned,  the  school  moneys  so  withheld. 

Id.:  to  use  and  control  certain  premises.     Housing  the  School  Board 
of  the  Borough  of  Manhattan  and  the  other  Boroughs. 

Sec.  1067.  The  Board  of  Education  shall  have  power  to  use 
and  to  control  the  premises  known  as  the  Hall  of  the  Board 
of  Education,  at  the  corner  of  Grand  and  Elm  Streets  in  the 
Borough  of  Manhattan,  and  any  other  buildings  to  be  occu- 
pied for  like  purposes  therein,  and  to  make  all  the  repairs, 
alterations  and  additions  in  and  to  the  said  building  or  build- 
ings which  the  Board  of  Education  may  authorize  and  deem 
advisable.  And  it  shall  be  its  duty  to  make  provision  for 
housing  the  School  Board  of  the  Boroughs  of  Manhattan  and 
the  Bronx  in  such  building  or  in  any  other  building  which 

611 


may  be  so  occupied  b}'^  the  Board  of  Education.  The  Board 
of  Education  of  The  City  of  New  York  shall  provide  a  meet- 
ing-room, and  such  other  headquarters,  offices,  and  rooms,  as 
they  may  deem  advisable  within  the  Boroughs  of  The  City 
of  New  York,  for  the  administration  of  the  powers  and  duties 
of  the  School  Boards  of  the  other  Boroughs. 

Id.:  to  dispose  of  personal  property.     Disposition  of  proceeds. 

Sec.  1068.  The  Board  of  Education  shall  have  power,  in  the 
name  of  The  City  of  New  York  and  for  said  city,  to  dispose 
of  such  personal  property  used  in  the  schools  or  other  build- 
ings under  the  charge  of  said  Board,  as  the  School  Board  of 
the  Borough  concerned  shall  by  resolution  certify  is  no  longer 
required  for  use  therein,  and  all  moneys  realized  by  the  sale 
thereof  shall  be  paid  into  the  city  treasury  and  shall  at  once 
be  appropriated  by  the  Board  of  Estimate  and  Apportionment 
to  the  Special  School  Fund  of  the  Board  of  Education  for  use 
in  the  Borough  in  which  the  property  sold  was  situated. 

Board  of  Education :   to  appoint  certain  officers,  clerks,  etc.,  and 
fix  their  salaries. 

Sec.  1069.  The  said  Board  of  Education  shall  have  power  to 
appoint  a  secretary  of  the  board,  a  superintendent  of  school 
buildings,  who  shall  be  an  architect  of  experience  and  good 
standing,  and  whose  term  of  office  shall  be  for  six  years; 
a  superintendent  of  school  suppHes,  whose  term  of  office 
shall  be  for  six  years;  a  city  superintendent  of  schools 
for  the  term  of  six  years  and  one  or  more  auditors,  as  may 
be  necessary  in  the  judgment  of  the  Board,  upon  whose 
certificate  accounts  against  the  said  board,  or  charges  upon 
either  the  Special  or  General  School  Fund  may  be  paid  when 
countersigned  b)'-  the  proper  officers,  as  the  by-laws  of  the  said 
Board  of  Education,  with  the  approval  of  the  Comptroller  of 
the  City,  may  direct.  The  said  board  may  appoint  a  chief 
clerk  and  such  other  officers,  clerks,  or  subordinates  as  it  may 
deem  necessary  for  its  administrative  duties,  and  as  are  pro- 
vided for  by  the  proper  appropriation.  The  city  superintend- 
ent of  schools,  the  secretary  of  the  board,  the  superintendent 
of  school  buildings,  the  superintendent  of  school  supplies,  the 

512 


auditor  or  auditors,  and  any  other  officers,  clerks  or  subordi- 
nates of  the  board,  may,  any  or  either  of  them,  be  removed  for 
cause  at  any  time  by  a  vote  of  three-fourths  of  all  of  the  members 
of  the  Board  of  Education.  The  said  board  shall  fix  -and  regu- 
late within  the  proper  appropriation  the  salaries  or  compen- 
sation of  the  secretary  of  said  board  ;  of  the  superintendent  of 
school  buildings  ;  of  the  superintendent  of  supplies ;  of  the 
auditor  or  auditors;  of  the  city  superintendent  of  schools;  of 
members  of  the  board  of  examiners,  and  of  any  other  officers, 
clerks  or  subordinates,  and  it  may  fill  any  vacancies  in  such 
offices  or  positions. 

Id.:  power  to  enact  by-laws^  rules  and  regulations. 

Sec  1070.  The  Board  of  Education  shall  have  power,  subject 
to  the  provisions  of  law  and  ol  this  Act,  to  enact  by-laws,  rules 
and  regulations  for  the  proper  execution  of  all  duties  devolved 
upon  the  board,  its  members  and  committees ;  for  the  trans- 
action of  all  business  pertaining  to  the  same  ;  for  defining  the 
duties  of  the  city  superintendent  of  schools,  the  superinten- 
dent of  school  buildings,  the  superintendent  of  school  supplies, 
of  its  auditor  or  auditors,  its  clerks  and  subordinates  ;  for  reg- 
ulating the  manner  of  making  disbursements  from  any  of  the 
funds  apportioned  to  any  Borough  for  school  purposes,  for  the 
proper  execution  of  all  powers  vested  in  it  by  law,  and  for  the 
promotion  of  the  welfare  and  best  interests  of  the  public 
schools  and  public  school  system  of  the  City  in  the  matters 
committed  to  its  care. 

Id.:  secretary:  duties:  secretary  and  chief  clerk  may  administer 
oaths. 

Sec.  1071.  The  secretary  of  the  Board  of  Education  shall 
have  charge  of  the  rooms,  books,  papers,  and  documents  of  the 
board,  and  shall,  in  addition  to  his  duties  as  secretary  of  the 
board,  perform  such  other  duties  as  may  be  required  by  its 
members  or  committees.  The  secretary  and  the  chief  clerk  of 
said  board  are  authorized  to  administer  oaths  and  take  affidavits 
in  all  matters  appertaining  to  the  schools  in  the  City  of  New 
York,  and  for  that  purpose  shall  possess  all  the  powers  of  a 

513 


commissioner  of  deeds,  but  shall  not  be  entitled  to  any  of  the 
fees  or  emoluments  thereof. 

Id.:  provide  for  bureaus^  etc.,  in  Boroughs. 

Sec.  1072.  The  Board  of  Education  shall  make  provision  for 
the  organization  in  the  various  Boroughs  of  such  bureaus  as 
they  may  deem  necessary  in  the  departments  of  the  Superin- 
tendents of  School  Buildings  and  of  School  Supplies,  and 
shall  make  such  provision  by  its  by-laws  as  will  enable  each 
School  Board  to  secure  prompt  and  efficient  service  for  the 
planning  and  erection  of  new  buildings  for  school  purposes, 
and  for  the  alteration  and  repair  of  existing  buildings,  and 
for  the  regulation  of  the  purchase  and  distribution  of  school 
books  and  supplies,  and  for  the  preservation  of  all  school 
records. 

Superintendent  of  school  buildings :  oath  and  security  by:  subject  to 
regulations  of  board:  vacancy  in  office. 

Sec.  1073.  The  superintendent  of  school  buildings  shall  take 
and  subscribe  before  the  secretary  or  the  chief  clerk  of  the 
Board  of  Education,  the  oath  prescribed  by  the  Constitution 
of  this  State,  and  give  such  security  for  the  faithful  perform- 
ance of  the  duties  of  his  office  as  the  Board  of  Education  may 
direct;  and  the  department  under  his  charge  shall  be  subject 
to  such  rules  and  regulations  as  the  Board  may  establish,  one 
of  which  shall  prohibit  the  performance  by  him  of  an}-  work, 
on  any  other  2CCOuat,  similar  to  that  performed  under  the 
regulations  so  established,  except  for  the  College  of  the  City  of 
New  York  and  the  Normal  College  of  the  City  of  New  York, 
and  like  institutions  in  the  Department  of  Education.  Any 
vacancy  in  the  said  office  of  superintendent  of  school  buildings 
shall  be  filled  by  appointment  for  the  unexpired  term. 

Id.:  deputy  in  each  Borough.     Plans  for  school  buildings. 

Sec.  1074.  The  superintendent  of  school  buildings  may 
appoint  a  deputy  superintendent  for  each  of  the  Boroughs,  who 
shall  be  an  architect  or  engineer  of  good  standing,  and,  with 
the  authority  of  the  Board  of  Education,  he  may  empower  a 

514 


deputy  superintendent  in  his  place  and  stead  to  execute  all  the 
duties  of  superintendent  and  such  other  duties  as  the  Board  of 
Education  may,  by  regulation,  prescribe.  All  plans  for  new 
school  buildings,  for  additions  to  school  buildings,  and  for 
structural  changes  in  old  buildings,  shall  be  passed  upon,  and 
must  be  approved  by  the  superintendent  of  school  buildings, 
who  shall  then  submit  such  plans  to  the  School  Board  of  the 
Borough  wherein  such  buildings  are  to  be  erected  or  such  addi- 
tions or  changes  are  to  be  made,  who  shall  thereupon  transmit 
such  plans  with  such  suggestions,  in  writing,  as  they  may  see 
fit  to  make,  to  the  Board  of  Education,  whose  action  thereon 
shall  be  final. 

Id,:  Appointment  and  removal  of  janitors. 

Sec.  1075.  Janitors  shall  be  appointed  by  the  School  Board 
on  the  nomination  of  the  superintendent  of  school  buildings. 
All  such  nominations  shall  be  from  a  preferred  list  of  duly 
qualified  persons  certified  to  and  on  file  in  the  office  of  superin- 
tendent of  school  buildings.  Janitors  may  be  removed  by  the 
School  Board  on  complaint  of  the  principal  of  the  school,  the 
superintendent  of  school  buildings,  or  a  member  of  the  School 
Board. 

Board  of  Education:  purchase  of   a?td    regulations    regarding" 
supplies. 

Sec.  1076.  The  Board  of  Education  shall  provide  for  the  pur- 
chase of  all  books,  apparatus,  stationery,  and  other  things  neces- 
sary and  expedient  to  enable  the  schools  of  the  city  to  be  prop- 
erly and  successfully  conducted.  It  shall  cause  to  be  furnished 
all  necessary  supplies,  and  shall  make  regulations  for  the  fur- 
nishing thereof  to  the  schools  in  the  several  Boroughs,  and  for 
the  accounting  for  the  same  by  the  several  School  Boards. 
The  Board  of  Education  shall  have  power  to  enact  by-laws 
and  resolutions  for  the  government  of  the  superintendent  of 
supplies,  which  by-laws  and  resolutions  shall  provide  that  all 
supplies,  as  far  as  possible,  shall  be  obtained  by  contract,  for 
which  proposals  shall  be  advertised  for  a  period  of  at  least 
two  weeks. 

515 


Id.  :   advertising  for  contracts:  security  for  performance. 

Sec.  1077.  The  Board  of  Education  shall  have  power  by  its 
by-laws  to  prescribe  the  period  of  all  advertising  for  contracts 
to  be  entered  into  by  or  in  behalf  of  the  said  board,  the  rules 
which  are  to  determine  the  acceptance  or  rejection  of  all  bids 
given  for  any  work,  labor,  or  materials  advertised  for,  and  the 
security  to  be  required  to  insure  the  performance  of  such  con- 
tract. 

Superintendent  of  supplies  :  oath  and  security  by  :  subject  to  regu- 
lations of  board:  vacancy :  deputy  superintendents  and 
subordinates  :  depots  of  supplies. 

Sec.  1078.  The  superintendent  of  school  supplies  shall  take 
and  subscribe  before  the  secretary  or  the  clerk  of  the  Board  of 
Education  the  oath  prescribed  by  the  Constitution  of  this  State, 
and  shall  give  such  security  for  the  faithful  performance  of 
the  duties  of  his  office  as  the  Board  of  Education  maydirect ;  and 
the  department  under  his  charge  shall  be  subject  to  such  rules 
and  regulations  as  the  board  may  establish.  Any  vacancy  in 
the  said  office  of  superintendent  of  school  supplies  shall  be  filled 
by  appointment  for  the  unexpired  term.  The  superintendent  of 
school  supplies  may  appoint  such  deputy  superintendents  and 
such  other  subordinates  as  the  by-laws  of  the  Board  of  Educa- 
tion may  authorize  and  he  may,  with  the  authority  of  said 
board,  empower  a  deputy  superintendent  in  his  place  and  stead 
to  execute  all  the  duties  of  the  superintendent,  and  such  other 
duties  as  the  Board  of  Education  ma}'^  by  regulation  prescribe. 
He  shall  establish  such  depots  of  supplies  in  any  of  the 
Boroughs  as  may  be  authorized  by  the  Board  of  Education. 

City  superintendent  of  schools  :    rights  and  duties. 

Sec.  1079.  The  city  superintendent  of  schools  shall  have  the 
right  of  visitation  and  inquiry  in  all  of  the  schools  of  The  City 
of  New  York  as  constituted  under  this  Act,  and  he  shall  report 
to  the  Board  of  Education  on  the  educational  system  of  the 
city,  and  upon  the  condition  of  any  and  of  all  the  schools  thereof, 
but  he  shall  have  no  right  of  interference  with  the  actual 
conduct  of  any  school  in  The  City  of  New  York.     He  shall 

516 


have  a  seat  in  the  Board  of  Education,  and  the  right  to  speak 
on  all   matters  before  the  board,  but  not  to  vote. 

Id.  :  further  duties  :  annual  report  :  clerks  of  main  office. 

Sec.  1080.  The  city  superintendent  of  schools,  so  often  as  he 
can  consistently  with  his  other  duties,  shall  visit  the  schools 
of  the  City  as  he  shall  see  fit,  and  inquire  into  their  courses  of 
instruction,  management,  and  discipline,  and  shall  advise  and 
encourage  the  pupils,  and  teachers,  and  officers  thereof ;  sub- 
ject to  the  by-laws  of  the  Board  of  Education,  he  shall  pre- 
scribe suitable  registers,  blanks,  forms  and  regulations  for  the 
making  of  all  reports,  and  for  conducting  all  necessary  busi- 
ness connected  with  the  school  system  not  devolved  upon  the 
borough  superintendent  by  this  Act,  and  he  shall  cause  the 
same,  with  such  information  and  instructions  as  he  shall  deem 
conducive  to  the  proper  organization  and  government  of  the 
schools,  and  the  due  execution  of  their  duties  by  school  officers, 
to  be  transmitted  to  the  officers  or  persons  entrusted  with  the 
execution  of  the  same.  He  shall  submit  to  the  Board  of  Edu- 
cation an  annual  report  containing  a  statement  of  the  condi- 
tion of  the  schools  of  the  City,  and  all  such  matters  relating  to 
his  office  and  such  plans  and  suggestions  for  the  improvement 
of  the  schools  in  the  school  system,  and  for  the  advancement 
of  public  instruction  in  The  City  of  New  York  as  he  shall  deem 
expedient,  and  as  the  by-laws  of  the  Board  of  Education  may 
direct.  He  may  appoint  such  clerks  as  he  may  deem  neces- 
sary, and  as  are  authorized  by  the  Board  of  Education,  but 
the  compensation  of  such  clerks  shall  not  exceed  in  the  aggre- 
gate the  appropriated  provision  therefor.  He  shall  assign  his 
clerks  to  their  various  duties,  and  may  suspend  or  discharge 
them  for  cause,  but  in  such  case,  the  clerks  shall  have  a  right 
of  appeal  to  the  Board  of  Education. 

He  shall  report  as  often  as  the  Board  of  Education  shall 
direct  upon  any  matter,  or  matters,  entrusted  to  his  charge, 
in  such  detail  as  shall  be  required  of  him.  He  shall  maintain 
his  main  office  in  the  Borough  of  Manhattan,  and  in  such 
building  as  the  Board  of  Education  shall  direct.  He  shall 
have  power,  at  any  time,  to  call  together  all  of  the  borough 
superintendents  and  associate   superintendents   for   consulta— 

517 


tion.  It  shall  further  be  his  duty  to  report  any  case  of  gross 
misconduct,  insubordination,  neglect  of  duty,  or  general  in- 
efficiency on  the  part  of  any  borough  superintendent  or  associ- 
ate superintendent  first  to  the  School  Board  of  the  Borough 
concerned,  and,  failing  of  remedy,  then  to  the  Board  of  Edu- 
cation. 

Board  of  Examiners  :  teachers  licenses,  etc. 

Sec.  1081.  A  Board  of  Examiners  is  hereby  constituted,  whose 
duty  it  shall  be  to  examine  all  applicants  requiring  to  be  li- 
censed in  and  for  The  City  of  New  York,  and  to  issue  to  those 
who  pass  the  required  tests  of  character,  scholarship  and  gen- 
eral fitness,  such  licenses  as  they  are  found  entitled  to  receive. 

Such  Board  of  Examiners  shall  consist  of  the  City  Superin- 
tendent of  Schools,  together  with  four  persons  appointed  by  the 
Board  of  Education  upon  the  nomination  of  the  City  Superin- 
tendent. The  terms  of  the  first  four  examiners  so  appointed 
shall  be  one,  two,  three  and  four  years,  respectively,  and  as 
their  terms  respectively  expire,  their  successors  shall  be  ap- 
pointed for  a  full  term  of  four  years,  which  shall  thereafter  be 
the  full  and  regular  term  of  office  of  said  examiners.  They 
shall  be  paid  such  compensation  for  services  actually  rendered 
as  the  Board  of  Education  shall  prescribe. 

To  be  eligible  to  appointment  as  an  examiner,  an  applicant 
must  possess  some  one  of  the  following  qualifications,  to  wit : 
(«)  A  degree  or  diploma  of  graduation  from  a  college  or  uni- 
versity recognized  by  the  Regents  of  the  University  of  the 
State  of  New  York,  together  with  at  least  five  years'  successful 
experience  in  teaching  since  graduation,  {b)  A  State  certi- 
ficate obtained  as  the  result  of  an  examination  held  since  1875, 
together  with  at  least  ten  )'ears'  successful  experience  in  teach- 
ing, {c)  The  highest  certificate  for  a  principal  or  superintend- 
ent in  force  when  this  Act  takes  effect  by  any  city  included  in 
The  City  of  New  York  as  constituted  by  this  Act,  together  with 
at  least  ten  years'  successful  experience  in  teaching. 

No  Borough  Superintendent,  Associate  Superintendent, 
principal  or  teacher  in  the  City  of  New  York  shall  be  allowed 
to  serve  on  the  Board  of  Examiners. 

Each  School  Board,  on  the  recommendation  of  the  Borough 

518 


Board  of  Superintendents,  shall  designate,  subject  to  the  re- 
quirements of  the  State  School  Laws  in  force  when  this  Act 
takes  effect  or  that  may  thereafter  be  enacted,  the  kinds  or 
grades  of  licenses  to  teach  which  may  or  shal!  be  used  in  the 
Borough  or  Boroughs  under  its  charge,  together  with  the 
academic  and  professional  qualifications  required  for  each  kind 
or  grade  of  license,  and  shall  certif}'^  the  same  to  the  City 
Superintendent  of  Schools. 

Each  School  Board,  on  the  recommendation  of  the  Borough 
Superintendents,  shall  also  designate,  subject  to  the  like  limita- 
tions, and  shall  certify  in  like  manner,  the  academical  and  pro- 
fesssional  qualifications  required  for  service  in  the  Boroughs 
under  its  charge  of  principals,  branch  principals,  supervisors, 
heads  of  departments,  assistants  and  all  other  members  of  the 
teaching  staff. 

The  Board  of  Education,  on  the  recommendation  of  the  City 
Superintendent,  shall  designate,  subject  to  the  requirements  of 
the  State  School  Laws  in  force  when  this  Act  takes  effect  or  that 
may  thereafter  be  enacted,  the  minimum  requirements  to  pre- 
vail throughout  the  city  for  all  officers  to  be  appointed  to  any 
supervising  or  teaching  position  under  any  School  Board. 

The  Board  of  Examiners  shall  hold  such  examinations  as  the 
City  Superintendent  may  prescribe,  and  shall  prepare  all  neces- 
sary eligible  lists.  The  City  Superintendent  shall  transmit  to 
each  School  Board  the  eligible  lists  that  are  available  tor  use 
within  its  jurisdiction. 

All  licenses  shall  be  issued  in  the  name  of  the  City  Superin- 
tendent of  Schools  and  shall  state  on  their  face  in  what  Borough 
or  Boroughs  they  are  valid. 

Graduates  of  colleges  and  universities  recognized  by  the 
Regents  of  the  University  of  the  Slate  of  New  York,  who  have 
pursued  for  not  less  than  one  year  pedagogical  courses  there- 
in ;  graduates  of  schools  and  colleges  for  the  training  of 
teachers,  approved  by  the  State  Superintendent  of  Public 
Instruction  ;  and  teachers  holding  a  State  certificate  issued  by 
the  State  Superintendent  of  Public  Instruction  since  the  year 
1875,  or  holding  a  college  graduate's  certificate  issued  by  the 
same  authority,  may  be  exempted,  in  whole  or  in  part,  from 
such  examination  at  the  discretion  of  the  City  Superintendent. 
The   names  of   those   to  whom    licenses   have    been   granted, 

519 


including  those  exempted  from  examination  and  those  duly 
licensed  in  the  several  Boroughs  prior  to  the  date  on  which 
this  Act  takes  effect,  shall  be  entered  by  the  City  Superinten- 
dent upon  lists  to  be  filed  in  his  office,  a  separate  list  being  made 
for  each  grade  or  kind  of  license  for  which  the  Board  of  Edu- 
cation shall  b}^  its  by-laws  make  provision  ;  and  such  lists  shall 
always  be  open  to  the  inspection  of  the  members  of  the  Board 
of  Education,  the  members  of  the  School  Boards,  the  Borough 
Superintendents,  the  Associate  Superintendents,  the  Inspectors, 
and  the  Principals  of  Schools.  Except  as  Superintendent  or 
Associate  Superintendent,  as  Supervisor  or  director  of  a  special 
branch,  as  principal  of  or  teacher  in  a  training  school  or  high 
school,  no  person  shall  be  appointed  to  any  educational 
position  whose  name  does  not  appear  upon  the  proper 
list.  No  person  shall  teach  in  any  public  school  in  the  City 
who  has  not  such  license,  except  as  herein  otherwise  pro- 
vided, nor  shall  any  unlicensed  teacher  have  any  claim  for 
salary.  Licenses  to  teach  shall  be  issued  by  the  City  Superin- 
tendent of  Schools  for  a  period  of  one  year,  which  may  be 
renewed  without  examination  in  case  the  work  of  the  holder 
is  satisfactor}'  to  the  Borough  Superintendent  for  two  succes- 
sive )'ears.  At  the  close  of  the  third  year  of  continuous,  suc- 
cessful service,  the  City  Superintendent  may  make  the  license 
permanent.  Authority  to  revoke  any  permanent  license  for 
cause  shall  be  vested  in  the  State  Superintendent  of  Public 
Instruction. 

Id.:  school  officers  not  to  be  interested  in  contracts:  removal  of . 

Sec.  1082.  The  Board  of  Education  shall  have  power  to 
remove  from  office  any  school  officer  who  shall  have  been 
directly  or  indirectly  interested  in  the  furnishing  of  any  sup- 
plies or  materials,  or  in  the  doing  of  any  work  or  labor,  or  in 
the  sale  or  leasing  of  any  real  estate,  or  in  any  proposal,  agree- 
ment or  contract  for  any  of  these  purposes,  in  any  case  in  which 
the  price  or  consideration  is  to  be  paid,  in  whole  or  in  part, 
directly  or  indirectly,  out  of  any  school  moneys,  or  who  shall 
have  received,  from  any  source  whatever,  any  commission  or 
compensation  in  connection  with  any  of  the  matters  aforesaid; 
and  any  school  officer  who  shall  violate  the  preceding  provisions 

620 


of  this  section  shall  bs  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  punished  by  a  fine  not  exceed- 
ing one  thousand  dollars  or  imprisonment  in  the  city  prison  not 
exceeding  one  year,  or  both,  and  shall  also  be  ineligible  to  any 
school  office.  The  provisions  of  this  section  shall  not  apply  to 
authors  of  school  books  used  in  any  of  the  public  schools 
JDecause  of  any  interest  they  may  have  as  authors  in  such 
books. 

Id. :  public  school  teacJiers  retirement  fund. 

Sec.  1083.  The  Board  of  Education  is  hereby  given  the  gen- 
eral care  and  management  of  the  Public  School  Teacher's  Re- 
tirement Fund  created  by  this  Act.  The  Comptroller  of  The 
City  of  New  York  shall  hold  any  money  belonging  to  said 
fund,  and  by  the  direction  of  said  Board  of  Education  shall  in- 
vest and  pay  out  the  same.  The  Board  of  Education  shall 
have  charge  of  and  administer  said  Public  School  Teacher's 
Retirement  Fund  as  it  shall  deem  most  beneficial  to  said  fund, 
and  is  empowered  to  make  all  necessary  contracts  and  take  all 
necessary  and  proper  action  and  proceedings  in  the  premises, 
and  to  make  payments  from  said  fund  of  annuities  granted  in 
pursuance  of  this  Act ;  and  shall,  from  time  to  time,  establish 
such  rules  and  regulations  for  the  administration  of  said  fund 
as  it  may  deem  best ;  which  rules  and  regulations  shall  care- 
fully preserve  all  rights  inhering  in  the  teachers  of  The  City  of 
New  York  as  constituted  prior  to  the  passage  of  this  Act. 
And  the  Comptroller  of  The  City  of  New  York  shall 
report  in  detail  to  the  Board  of  Education  of  The  City 
of  New  York,  annually,  in  the  month  of  January,  the  con- 
dition of  said  fund,  and  the  items  of  the  receipts  and 
disbursements  on  account  of  the  same.  The  Public  School 
Teachers'  Retirement  Fund  herein  provided  for  shall  consist 
of  the  following,  with  the  interest  and  income  thereof  :  (i)  All 
money,  pay,  compensation,  or  salary,  or  any  part  thereof,  for- 
feited, deducted  or  withheld  from  any  teacher  or  teachers  for 
and  on  account  of  absence  from  duty  from  any  cause.  The 
secretary  of  the  Board  of  Education  shall  certify  monthly  to 
the  Comptroller  the  amounts  so  deducted  from  the  salaries  of 
teachers   during  the  preceding  month.     (2)   All   moneys  re- 

521 


ceived  from  donations,  legacies,  gifts,  bequests  or  otherwise, 
for  and  on  account  of  said  fund.  (3)  All  such  other  methods 
of  increment  as  may  be  duly  and  legally  devised  for  the  in- 
crease of  said  fund.  On  and  after  the  passage  of  this  Act  the 
Board  of  Education  shall,  by  amending  its  by-laws  relating 
to  the  excuse  of  absence  of  teachers  with  pay,  so  provide 
that  the  aggregate  of  the  several  sums  deducted  or  forfeited  on 
account  of  absence  from  duty  shall  be  fully  adequate  to  meet 
the  demands  made  upon  the  Public  School  Teachers'  Retire- 
ment Fund  for  the  payment  of  annuities  as  herein  provided. 
Said  Board  of  Education  shall  have  power,  by  a  two-thirds 
vote  of  all  its  members,  and  after  a  recommendation  to  that 
effect  shall  have  been  made  by  the  City  Superintendent  of 
Schools,  stating  that  the  teacher  is  mentally  or  physically  in- 
capacitated for  the  performance  of  duty,  to  retire  any  female 
teacher  of  the  public  schools,  including  special  teachers 
in  the  same,  who  shall  have  taught  therein  during  a  period 
aggregating  thirty  years,  and  to  retire  any  male  teacher 
of  said  schools  who  shall  have  taught  therein  during  a  period 
aggregating  thirty-five  years.  The  Board  of  Education  may 
also,  at  its  discretion,  retire  such  teachers  upon  their  own  ap- 
plication, after  the  like  period  of  service.  Any  teacher  so  re- 
tired shall  thereafter  be  entitled  to  receive  as  an  annuity  one-half 
the  annual  salary  paid  to  said  teacher  at  the  date  of  said  retire- 
ment, not  to  exceed,  however,  in  any  case  the  sum  of  one  thou- 
sand dollars  per  annum.  The  said  board  is  hereby  given  the 
power  to  use  both  the  principal  and  the  income  of  said  fund, 
and  to  manage,  accumulate  and  otherwise  control  the  same  as 
said  board  shall  provide  by  its  by-lav/s,  and  to  pay  the  annui- 
ties hereinbefore  mentioned,  and  it  shall  have  power,  from 
time  to  time,  to  reduce  the  amount  of  annuities  of  all  benefici- 
aries of  said  fund,  provided  only  that  such  reduction  shall  be 
at  the  same  rate  per  centum.  None  of  the  provisions  of  this 
section  shall  apply,  however,  to  any  teacher  in  any  school 
in  the  Borough  of  Brooklyn,  who  is  entitled  to  any  benefit 
under  the  fund  mentioned  in  section  11 19  of  this  Act  until 
after  his  removal  from  said  Borough.  When  a  teacher  is 
transferred  to  the  Borough  of  Brooklyn,  a  sum  equal  to  one 
per  cent,   of  the   amount  paid  to   such  teacher  during  said 

522 


teacher's  service  in  The  City  of  New  York  as  constituted  prior 
to  the  passage  of  this  Act,  since  the  date  on  which  the  Public 
School  Teachers'  Retirement  Fund  of  Brooklyn  was  created, 
shall  be  paid  into  the  said  Brooklyn  Retirement  Fund  and 
inure  to  the  teacher's  benefit  in  that  fund  under  the  rules  gov- 
erning the  same. 

Id.:  annual  report  to  State  Superint evident  of  Public  Instruction. 

Sec.  1084.  The  Board  of  Education  shall,  between  the  first 
day  of  August  and  the  30th  day  of  September  in  each  year, 
make  and  transmit  to  the  State  Superintendent  of  Public  In- 
struction a  report  in  writing  for  the  State  school  year  ending 
on  the  next  preceding  31st  day  of  July,  which  report  shall  be 
in  such  form  and  shall  state  such  facts  as  the  State  Superin- 
tendent and  the  School  Laws  of  the  State  shall  require. 

Id.:  annual  report  to  mayor  :    other  reports  to  mayor. 

Sec.  1085.  The  Board  of  Education  shall,  between  the  first 
day  of  August  and  the  30th  day  of  November  in  each  year, 
make  and  transmit  to  the  Mayor  of  The  City  of  New  York  a 
report  in  writing,  bearing  date  on  the  31st  day  of  July  next  pre- 
ceding, stating  the  whole  number  of  schools  within  their 
jurisdiction,  specially  designating  the  schools  for  colored  chil- 
dren ;  the  schools  or  societies  from  which  reports  shall  have  been 
made  to  the  Board  of  Education,  within  the  time  limited  for 
that  purpose  ;  the  length  of  time  such  school  shall  have  been 
kept  open ;  the  amount  of  public  money  apportioned  or 
appropiated  to  said  school  or  society,  the  number  taught  in 
each  school,  the  whole  amount  of  money  drawn  from  the  City 
Chamberlain  for  the  purposes  of  public  education  during  the 
year  ending  at  the  date  of  their  report,  distinguishing  the 
amount  received  from  the  General  Fund  of  the  State  and  from 
all  other  sources ;  the  manner  in  which  such  moneys  shall 
have  been  expended  ;  and  such  other  information  as  the 
Mayor  may  from  time  to  time  require  in  relation  to  common 
school  education  in  The  City  of  New  York.  The  Board  of 
Education  shall  make  such  other  reports  to  the  Mayor  as  he 
may  call  for,  and  at  such  times  as  he  shall  require. 

523 


Continuation  of  yearly  contracts  with  teachers  in  territory  consoli- 
dated. 
Sec.  1086.  All  yearly  school  contracts  by  and  between  the 
local  school  authorities  of  any  school  district  whose  territory  is 
so  annexed  and  consolidated  by  this  Act  and  the  teachers  in 
such  district,  as  such  yearly  contracts  exist  at  the  time  when 
this  Act  shall  take  effect,  shall  in  all  respects  continue  until 
the  expiration  of  the  yearly  term  named  therein,  and  shall  be 
so  continued  by  the  Board  of  Education  of  The  City  of  New 
York,  through  the  proper  school  board. 

Removals  by  mayor  for  neglect  or  misconduct  after  hearing. 

Sec.  1087.  Any  member  of  the  Board  of  Education,  of  a 
Borough  School  Board,  or  any  inspector  of  common  schools 
in  The  City  of  New  York,  may  be  removed  by  the  Mayor  of 
said  city,  upon  proof  either  of  official  misconduct  in  office,  or 
negligence  of  official  duties,  or  of  conduct  in  any  manner  con- 
nected with  his  official  duties,  or  otherwise,  which  tends  to  dis- 
credit his  office,  or  the  school  system,  or  for  mental  or  physical 
inabilit}'  to  perform  his  duties  as  member  or  inspector,  but 
before  such  removal  of  said  member  or  inspector  he  shall  re- 
ceive due  and  timely  notice  in  writing  of  the  charges,  and  a 
copy  thereof,  and  shall  be  entitled  to  a  hearing  on  like  notice 
before  the  Mayor,  and  to  the  assistance  of  counsel  on  said 
hearing. 

Oath  of  appointees  to  school  office. 

Sec.  1088.  Every  person  appointed  to  a  school  office  in  said 
city  or  in  any  Borough  thereof,  shall  before  entering  upon  the 
duties  of  his  office,  and  within  fifteen  days  of  the  time  of  being 
notified  of  his  appointment  to  fill  a  vacancy,  take  and  subscribe 
before  the  secretary  or  the  clerk  of  the  Board  of  Education, 
the  oath  of  office  prescribed  by  the  Constitution  of  the  State, 
and  the  school  office  as  to  which  any  person  shall  omit  to  take 
the  oath  within  the  time,  and  in  the  manner  above  prescribed, 
shall  be  vacant  at  and  from  the  expiration  of  the  fifteen  days. 

Id.  :  organization  :  secretary  and  employees :  duties  and  bond  of 
secretary. 
Sec.  1089.     The  School  Board  in  each  of  the  Boroughs  shall 

524 


organize  on  the  second  Wednesday  of  February  next  ensuing 
after  the  appointment  of  its  members,  and  choose  a  president 
from  its  own  members,  and  elect  its  delegates,  if  any,  to  the 
Board  of  Education,  and  shall,  from  time  to  time,  as  may  be 
necessary,  appoint  and  remove  subject  to  the  provisions  of 
this  chapter,  a  secretary  and  such  clerks,  subordinates,  and 
employees  as  may  be  required  for  the  administrative  duties  of 
the  Board,  and  as  may  be  authorized  by  this  chapter  or  by  the 
Board  of  Education  of  The  City  of  New  York,  and  be  pro- 
vided for  by  the  proper  appropriation.  The  Secretary  shall 
discharge  such  financial  duties  as  may  be  prescribed  by  the 
Board  of  Education  and  the  Comptroller  of  The  City  of  New 
York,  and  he  shall  give  a  bond  in  such  amount  and  in  such 
form  to  The  City  of  New  York,  as  the  Board  of  Education  of 
said  City,  with  the  approval  of  the  Comptroller,  may  by  its 
by-law  or  resolution  require. 

Id. :  powers  and  duties. 

Sec.  1090.  Each  School  Board,  subject  to  the  direction  and 
control  of  thfe  Board  of  Education  and  in  accord  with  the  by- 
laws of  the  Board  of  Education,  shall  have  the  safe  keeping  of 
all  the  premises  and  other  property  used  for  or  belonging  to 
the  schools  in  the  Borough.  A  School  Board  shall  have 
power  to  choose  and  to  determine  the  sites  for  all  school  build- 
ings, and  for  additions  thereto,  within  its  jurisdiction,  and  it 
shall  be  its  duty  to  transmit  from  time  to  time  such  determina- 
tions to  the  Board  of  Education,  by  resolutions  which  shall  be 
certified  and  transmitted  in  accordance  with  the  by-laws 
thereof. 

Each  School  Board  shall  have  power  to  adopt  by-laws  regu- 
lating the  exercise  of  all  powers  and  duties  vested  in  it  by 
law,  which  by-laws,  however,  shall  not  conflict  with  the  by-laws 
of  the  Board  of  Education  which  that  Board  may  be  authorized 
by  law  to  adopt  in  the  premises,  nor  with  the  provisions  of  this 
chapter.  And  the  said  School  Board  shall  have  power  to 
provide  by  such  by-laws  for  the  government  and  management 
of  the  Schools  in  the  Borough,  for  defining  the  duties  and 
regulating  the  exercise  of  the  powers  of  its  members  and 
committees  and  of  all  school  officers,  the  Borough  Superintend- 

525 


ent  and  associate  superintendents,  principals  or  teachers, 
clerks,  assistants  and  employees,  and  for  the  regulation  of  all 
disbursements  from  the  General  School  Fund  in  the  Borough, 
and  for  the  promotion  and  welfare  and  best  interest  of  all  mat- 
ters committed  to  it  concerning  the  Public  Schools  and  the 
Public  School  System  of  the  City  in  said  Borough. 

Id. :  power  to  fix  salaries 

Sec.  1091.  Each  School  Board  shall  have  power  to  adopt 
by-laws  fixing  the  salaries  of  the  Borough  and  Associate  Super- 
intendents,  of  principals  and  branch  principals,  and  of  all  other 
members  of  the  supervising  and  teaching  staff,  and  such  salaries 
shall  be  regulated  b)''  merit,  by  the  grade  of  class  taught,  by 
the  length  of  service,  or  by  the  experience  in  teaching  of  the  in- 
cumbent in  charge,  or  by  such  a  combination  of  these  con- 
siderations as  the  School  Board  may  deem  proper. 

Said  salaries  need  not  be  uniform  throughout  all  the  several 
Boroughs,  nor  in  any  two  of  them,  nor  throughout  any  one 
Borough.  The  salaries  fixed  and  established  and  duly  payable 
in  the  different  schools  of  the  territory  hereby  consolidated  as 
these  salaries  were  on  the  first  day  of  January,  1898,  shall  be 
and  remain  the  salaries  in  the  schools  of  the  several  Boroughs 
hereby  constituted,  until  the  same  shall  be  changed  or  modified 
as  provided  for  in  this  section. 

Id.:  duties  of  secretary:  chief  clerk  and  secretary  may  administer 
oaths. 
Sec.  1092.  The  Secretary  of  a  School  Board  shall  have  charge 
of  the  rooms,  books,  papers  and  documents  of  the  Board,  and 
shall,  in  addition  to  his  duties  as  Secretary  of  the  Board,  per- 
form such  other  duties  as  may  be  required  of  him  by  its  mem- 
bers or  committees.  The  Secretary  and  the  chief  clerk  of  a 
School  Board  are  hereby  authorized  to  administer  oaths  and 
take  affidavits  in  all  matters  pertaining  to  the  Schools  of  The 
City  of  New  York  in  their  Borough,  and  for  that  purpose  shall 
possess  all  the  powers  of  a  Commissioner  of  Deeds,  but  shall 
not  be  entitled  to  any  fees  or  emoluments  thereof. 

Id.:  Power  to  establish  kindergartens,  etc. 

Sec.  1093.     A  School  Board  shall  have   power,  to  establish 

526 


kindergartens,    manual   training   schools,   trades    schools   and 
truant  schools. 

Id.:  Power  to  establish  evening  schools,  etc.:  may  establish,  discon- 
tinue and  consolidate  schools  in  Boroughs. 

Sec.  1094.  A  School  Board  shall  have  power  to  establish  and 
to  conduct  evening  schools  and  schools  for  colored  pupils,  and 
to  regulate  such  schools,  and  shall  have  power  to  establish  new 
schools,  to  discontinue  any  school,  or  to  consolidate  schools  in 
its  Borough,  and  to  maintain  free  lectures  for  workingmen  and 
working  worn  en. 

Id.:  Power   to  establish  special  classes  for  persons  who  cannot  use 
the  English  language  readily. 

Sec.  1095.  A  School  Board  shall  have  power  to  provide 
special  classes,  whose  sessions  shall  be  held  at  such  times  in  the 
day  or  evening  as  said  Board  may  determine,  for  the  purpose 
of  giving  instruction  in  the  English  language  to  persons  who 
cannot  use  that  language  readily  and  whose  avocations  are  such 
as  to  prevent  their  attending  the  grammar,  primary,  or  even- 
ing schools. 

Id.:  Power  to  establish  high  schools.^  etc. 

Sec.  1096.  A  School  Board  shall  have  power  to  provide  one 
or  more  high  schools  and  training  schools  or  classes  for 
teachers  in  the  Borough  or  Boroughs  under  its  charge,  as  it 
may,  from  time  to  time,  determine,  and  as  the  appropriations 
may  permit,  and  all  training  schools  and  all  high  schools  here- 
tofore established  and  maintained  by  the  public  school  author- 
ities and  registered  as  high  schools  by  the  Regents  of  the  State 
of  New  York,  shall  be  maintained  in  full  efficiency.  The  said 
training  schools  or  classes  shall  be  under  the  control  of  the  Board 
of  Education  and  of  the  City  Superintendent  of  Schools  to  the 
extent  that  may  be  necessary  to  secure  compliance  with  chap- 
ter one  thousand  and  thirt3'-one  of  the  laws  of  eighteen  hun- 
dred and  nine-five.  The  said  high  schools  shall  be  so  organized 
as  to  furnish  the  benefit  of  further  education  to  pupils  of  both 
sexes  who  shall  have  finished  the  grammar  school  course,  and 

527 


to  other  residents  of  school  age  equally  prepared,  and  the  said 
School  Board  shall  have  power  to  make,  from  time  to  time,  for 
the  said  high  schools  all  needful  rules  and  regulations,  and  to 
prescribe  conditions  on  which  pupils  shall  be  received  and  in- 
structed therein  and  discharged  therefrom. 

Id.:  Pozuer  to  create  school  inspection  districts,  discretionary. 
Mayor  appoints  inspectors.  Terms,  organization^  etc.,  of 
inspectors. 

Sec.  109T.  A  School  Board  in  its  discretion  may  divide  the 
Borough  or  Boroughs  under  its  charge  into  as  many  school 
inspection  districts  as  it  may  deem  necessary,  which  districts 
must  be  contiguous  and,  as  near  as  may  be,. of  equal  popula- 
tion ;  and  at  once  upon  the  making  of  such  districts  it  shall  file 
maps  of  the  same,  duly  authenticated  by  the  Chairman  of  the 
School  Board,  in  the  office  of  the  Mayor  of  The  City  of  New 
York. 

School  inspection  districts  existing  in  any  of  the  Boroughs 
at  the  time  this  Act  takes  effecti  shall  continue  as  such  until 
changed  under  the  provisions  of  this  section  ;  and  all  Inspect- 
ors of  Common  Schools  who  have  been  duly  appointed  to  serve 
therein  shall  serve  out  the  terms  for  which  they  were  respec- 
tively appointed  and  their  successors  shall  be  appointed  by  the 
Mayor  as  their  terms  respectively  expire,  for  the  like  period  of 
five  years. 

If  any  School  Board,  pursuant  to  the  powers  conferred 
upon  it  by  this  chapter,  shall  have  divided  or  re-divided  its  ter- 
ritory into  school  inspection  districts,  then  the  Mayor  shall, 
within  sixty  days  thereafter,  appoint  in  and  for  each  of  the 
school  inspection  districts  of  the  Boroughs  so  divided,  five  in- 
spectors of  common  schools,  to  hold  office  respectively  as  may 
be  designated  in  their  letters  of  appointment,  for  one,  two, 
three,  four  and  five  years  from  the  first  day  of  October  next 
following  their  appointments.  Upon  the  expiration  of  their 
respective  terms  the  Mayor  shall  appoint  their  successors  for 
the  full  term  of  five  years. 

Subject  to  the  conditions  of  contiguity  and  equality  of  popula- 
tion as  hereinbefore  prescribed,  each  School  Board  shall  have 
power  every  five  years,  if  it  shall  have  once  divided  its  terri- 

528 


tory  into  inspection  districts,  again  to  divide  it  into  such  dis- 
tricts and  to  make  changes  in  existing  districts,  or  in  their 
number ;  and  if  such  number  of  districts  be  increased,  the 
Mayor  shall  forthwith  appoint,  in  the  same  manner  and  with 
like  effect  as  herein  provided,  as  many  additional  Inspectors  of 
Common  Schools  as  may  be  necessary  to  afford  five  Inspectors 
in  each  district.  Such  additional  Inspectors  shall  be  subject  to 
the  same  by-laws  and  regulations  as  govern  the  other  Inspec- 
tors in  the  same  Borough,  and  shall  perform  the  same  duties. 
All  Inspectors  of  Common  Schools  shall  serve  without  pay, 
and  shall  be  residents  of  the  districts  in  and  for  which  they  are 
appointed.  Any  vacancy  in  the  office  of  Inspector  of  Common 
Schools  caused  by  death,  resignation,  or  otherwise,  shall  be 
filled  by  the  Mayor  for  the  unexpired  term.  The  inspectors, 
appointed  for  the  respective  districts  in  any  Borough  shall. 
organize  in  every  year  on  the  second  Monday  of  October,  by 
the  election  of  two  of  their  members  as  chairman  and  secretary 
respectively ;  and  they  shall  meet  as  often  as  may  be  necessary 
for  the  efficient  performance  of  the  duties  imposed  upon  them.. 

Duties  of  inspectors  of  conwion  schools. 

Sec.  1098.  The  duties  of  the  inspectors  of  common  schools 
are  stated  and  fixed  to  be  as  follows,  and  not  otherwise  :  In  their 
respective  districts,  they  shall  visit  and  inspect  at  least  once  in 
every  quarter,  all  the  schools  in  the  district,  in  respect  to 
punctual  and  regular  attendance  of  the  pupils  and  teachers,, 
the  number  and  fidelity  of  the  teachers,  the  studies,  progress^ 
order  and  discipline  of  the  pupils ;  the  cleanliness,  safety, 
warming,  ventilation  and  comfort  of  school  premises ;  and 
whether  or  not  the  provisions  of  the  school  laws  in  respect  to 
the  teaching  of  sectarian  doctrines  or  the  use  of  sectarian  books 
have  been  violated,  and  shall  call  the  attention  of  the  Board  of 
Education,  or  of  the  proper  School  Board  of  the  Borough,  as 
the  case  may  be,  without  delay,  to  every  matter  requiring 
official  action.  Every  inspector  shall,  on  or  before  the  first 
day  of  January,  April,  July,  and  October  of  each  year,  make  a 
written  report  to  the  proper  School  Board  in  respect  to  the 
condition  of  the  schools,  the  efficiency  of  teachers,  and  wants 
of  the  district,  especially  in  regard  to  schools  and  school 
premises. 

529 


School    Boards   m  Boroughs  to  cause  accounts  and  records  to  be 
made  and  kept. 

Sec.  1099.  The  School  Boards  shall  cause  to  be  kept,  in  con- 
formity with  the  by-laws  of  the  Board  of  Education,  accurate 
accounts  of  all  moneys  received  and  paid  for  or  on  account 
of  the  schools  in   its  Borough,  and  it  shall  not  be  lawful  to 
expend  any  money  received  for  use  from  one  of  the  School 
Funds     for    purposes    provided    for    in    the    other    School 
Fund,   but  all   expenditures   must    be    made  conformable   to 
the  purposes  for  which  said  funds  were  levied,  collected,  ap- 
portioned and  distributed,  and  said  Board  shall  cause  a  state- 
ment to  be  entered  in  said  accounts  in  conformity  with  said 
by-laws,  of  the  movable  property   belonging  to  each   school. 
The  Board  of  Education  shall  provide  the  proper  book  or  books, 
in  form  as  required  by  said  by-laws,  and  shall  cause  the  class 
teachers  under  the  direction  and  supervision  of  the  principal 
teacher  of  each  school  and  department  to  enter  the  names, 
ages  and  residences  of  the  scholars  attending  the  school,  the 
name  of  the  parent  or  guardian  of  each  pupil  and  the  days  on 
which  the  scholars  shall  have  attended  respectively,  and  the 
aggregate  attendance  of  each  scholar  during  the  year,  and  also 
the  day  upon  which  the  school  shall  have  been  visited  by  the 
City  Superintendent  or  by  the  Borough  Superintendent,  or  by 
associate  superintendents,  or  by  members  of  the  Board  of  Edu- 
cation, or  by  members  of  the  School  Board,  or  by  the  inspec- 
tors of  schools,  if  such  there  be  in  the  Borough,  or  by  any  of 
them,  which  entry  shall  be  verified  by  such  oath  or  affirmation 
of  principal  teacher  in  such  school  or  department  as  may  be 
prescribed  by   the  Board  of  Education.     The  School  Board 
shall  preserve  these  books  as  the  property  of  the  school,  and 
such  books  shall  at  all  times  be  open  to  access  by  members  of 
the  Board  of  Education,  by  members  of  the  School  Boards 
and  by  the  City  Superintendent,  or  by  any  Borough  Superin- 
tendent,  or    associate   superintendent,    or    any   inspector    of 
schools,  if  such  there  be  in  the  Borough. 

Id.:  to  provide  for  payment  of  salaries  to  principals  and  teachers 
and  for  disbursements. 
Sec.  1100.    A  School  Board  in  and  for  its  own  Borough  or 
Boroughs  and  subject  to  the  by-laws  of  the  Board  of  Educa- 

530 


tion  of  The  City  of  New  York  shall,  by  its  by-law,  provide  for 
the  payment  of  the  salaries  of  all  principals  and  teachers  of 
the  various  schools  under  its  charge ;  and  for  all  disburse- 
ments chargeable  to  the  General  School  Fund  apportioned 
to  it  for  educational  purposes  therein. 

Id. :  Ann ual  and  other  reports. 

Sec.  1101.  Each  School  Board  shall  make  an  annual  report  to 
the  Board  of  Education  of  such  matters  as  the  Board  of  Edu- 
cation may,  by  its  by-laws  or  regulations,  require,  and  it  shall 
be  the  duty  of  any  School  Board  to  report  to  the  Board  of 
Education  from  time  to  time  upon  any  subject  that  the  Board 
of  Education  may  by  its  resolution  require. 

Id. :  Power  to  appoint  and  remove  Borough    Superintendents  and 
Associate  Superintendents  of  Schools.     Qualifications. 

Sec.  1102.  A  School  Board  shall  have  power,  by  a  vote  of  a 
majority  of  its  members  in  office,  to  appoint  a  Borough 
Superintendent  of  Schools  for  six  years.  It  shall  have 
power  to  appoint  for  a  like  term  not  more  than  one  Asso- 
ciate Borough  Superintendent  of  Schools  for  the  first 
seven  hundred  teachers  in  the  schools  under  its  charge,  and 
not  more  than  one  additional  Associate  Borough  Superin- 
tendent for  every  additional  three  hundred  and  fifty  teachers, 
or  fractional  number  thereof  greater  than  one-half  ;  provided, 
however,  that  there  shall  be,  in  any  event,  two  Associate 
Borough  Superintendents  in  the  Boroughs  of  Queens  and 
Richmond,  respectively. 

The  Board  of  Education  shall  have  power  from  time  to 
time  to  modify  the  basis  of  the  number  of  teachers  upon  which 
the  Borough  School  Boards  may  appoint  Associate  Superinten- 
dents ;  and  if  the  said  Board  of  Education  shall  at  any  time  so 
change  this  basis,  the  respective  School  Boards  shall  have  power 
to  appoint  such  number  of  Associate  Superintendents  as  may  be 
provided  for  by  the  terms  of  such  new  basis. 

The  Superintendent  of  Schools  appointed  by  a  School  Board 
shall  be  known  as  the  Borough  Superintendent,  and  the  Asso- 
ciate Superintendents  appointed  by  a  School  Board  shall  be 
known  as  Associate  Superintendents.  Any  Borough  Superinten- 

531 


dent  or  any  Associate  Superintendent  may  be  removed  for 
cause  at  any  time  by  a  three-fourths  vote  of  all  of  the  members 
appointed  to  the  School  Board  by  which  he  was  appointed. 

No  person  shall  be  eligible  for  election  as  City  Superinten- 
dent, Boroug-h  Superintendent,  or  Associate  Superintendent 
who  has  not  one  of  the  following  qualifications :  {a)  Gradua- 
tion from  a  College  or  University  recognized  by  the  University 
of  the  State  of  New  York,  together  with  at  least  five  years  of 
successful  experience  in  teaching  or  in  supervision  since 
graduation  ;  (d)  Ten  years'  successful  experience  as  Superin- 
tendent, Supervising  Principal,  or  Teacher  in  a  graded  school. 

J(/.  :  Appointment  and  resignation  of  principals  and  teachers. 

Sec.  1103.  Principals  shall  be  appointed  by  the  School 
Boards  in  their  respective  Boroughs  on  the  nomination  of  the 
Board  of  Borough  Superintendents.  Principals,  branch  prin- 
cipals, supervisors,  heads  of  departments,  teachers,  assistants 
and  all  other  members  of  the  teaching  staff,  shall  be  appointed 
by  the  School  Boards  on  the  like  nomination.  Teachers  shall 
be  promoted  or  transferred  from  one  class  to  another  by  the 
School  Board,  or  in  accordance  with  its  by-laws,  on  the  nomi- 
nation of  the  Borough  Board  of  Superintendents.  For  all 
purposes  affecting  the  appointment,  promotion,  or  transfer  of 
the  teachers  in  any  school,  the  principal  of  such  school  shall 
have  a  seat  in  the  Borough  Board  of  Superintendents,  with  a 
vote  on  all  propositions  affecting  his  school. 

The  system  or  mode  of  nomination  in  this  section  provided 
for  shall  not  be  held  to  deprive  any  School  Board  that  has 
been  a  Board  of  Education,  of  the  right  to  appoint,  to  pro- 
mote, and  to  transfer  principals,  teachers  and  other  members 
of  the  teaching  staff  without  such  nomination,  in  any  Borough 
in  which,  at  the  time  this  Act  takes  effect,  said  Board  of 
Education  enjoys  such  right  of  appointment  without  nomina- 
tion by  superintendents,  until  the  same  shall  have  been  adopted 
by  the  School  Board  of  such  Borough. 

The  nominations  thus  provided  for  must  be  made  from  the 
list  of  properly  certificated  principals  and  teachers  and  other 
persons  eligible  for  service  in  the  schools  of  the  Borough  in  the 
positions  to  be  filled.     The   time   within   which   said   School 

632 


Board  shall  finally  act  upon  said  nominations,  either  by  ap- 
pointing such  principal  or  teacher  or  other  officer  or  by  reject- 
ing such  nominations,  is  hereby  fixed  at  forty  days  from  the 
date  of  the  first  regular  meeting  of  the  School  Board  next 
after  the  filing  of  such  recommendation  in  the  office  of  the 
Secretary  of  the  Board.  The  failure  on  the  part  of  a  School 
Board  to  confirm  or  to  reject  a  nomination  within  the  time 
prescribed  herein  shall  be  held  as  equivalent  to  the  appoint- 
ment of  the  principal  or  teacher  nominated.  In  case  of  a  failure 
or  of  repeated  failures  to  appoint,  other  names  shall  be  sub- 
mitted to  the  School  Board  for  its  consideration  within  two 
weeks  after  each  failure,  until  an  appointment  is  made. 

Resignations  of  Borough  Superintendents  and  of  Associate 
Superintendents  shall  be  made  to  the  School  Board.  Resigna- 
tions of  principals  and  teachers,  and  of  all  other  members  of 
the  teaching  staff,  shall  be  made  to  the  Borough  Super- 
intendent. 

Id.:  Changing  grades  of  schools  and  classes.     Fixing  standard  of 
qualification  for  principals  and  teachers. 

Sec.  1104.  A  School  Board  shall  have  power  to  change  the 
grades  of  all  schools  and  of  all  classes  of  any  high  school  or 
other  school  under  its  charge  upon  the  written  recommenda- 
tion of  the  Borough  Board  of  Superintendents,  and  upon  the 
same  recommendation  to  adopt  and  modify  courses  of  study 
therefor.  A  School  Board  shall  also  have  power  to  fix  a 
standard  of  qualification  as  a  necessary  requirement  for  the 
service  of  all  principals  and  teachers  in  the  high  schools  and 
schools  of  the  Borough,  which  requirement  may  be  higher, 
but  not  lower  than  the  minimum  qualifications  established  by 
the  Board  of  Education  of  The  City  of  New  York. 

Id.  :  By-laws  governing  transfers  of  principals  and  teachers. 

Sec.  1105.  A  School  Board  shall  have  power  to  make  by-laws 
governing  all  transfers  of  principals  or  of  teachers  from  one 
school  to  another  school  in  its  Borough,  and  relative  to  the 
reception  of  any  teacher  transferred  from  one  Borough  to 
another  Borough. 

533 


Id.  :   Transfer  of  tinemployed principals  or  teachers. 

Sec  1106.  A  School  Board  shall  have  power  upon  the  written 
recommendation  of  the  Borough  Superintendent  to  transfer 
principals  or  teachers  who  may  be  unemployed  by  reason  of 
the  closing  or  discontinuance  of  any  school,  to  any  other 
school  in  the  Borough  where  a  vacancy  may  exist. 

Id.  :  Board  of  Superintendents  of  the  Boroughs  ;  how  duties  regu- 
lated. 

Sec.  1107.  A  Borough  Superintendent  and  the  Associate 
Superintendents  therein  shall  constitute  the  Board  of  Superin- 
tendents for  the  Borough,  to  be  known  as  the  Borough  Board 
of  Superintendents.  A  School  Board  in  and  for  its  Borough 
shall  have  power  to  pass  by-laws  regulating  the  duties  of  its 
Borough  Superintendent,  of  its  Associate  Superintendents  and 
of  the  Board  of  Superintendents  for  the  Borough.  The  Bor- 
ough Superintendent  shall  preside  over  the  Board  of  Superin- 
tendents of  the  Borough,  and  all  communications  from  the 
Board  shall  be  made  in  his  name  unless  in  an}^  special  case  he 
may  otherwise  elect. 

General  duties  of  Borough  Superintendents  and  Associate  Superin- 
tendents. 

Sec.  1108.  The  Borough  Superintendents  and  the  Associate 
Superintendents  shall  visit  every  school  in  their  respective 
Boroughs,  and  shall  inquire  into  all  matters  relating  to  the 
government,  courses  of  study,  methods  of  teaching,  discipline 
and  conduct  of  such  schools,  and  the  condition  of  the  school 
houses  and  of  the  schools  generally,  and  shall  examine  classes 
when  necessary.  The  Borough  Superintendents  shall  report 
the  results  of  such  inspections  and  examinations  to  the  School 
Board  and  to  the  City  Superintendent,  who  shall  transmit  such 
parts  of  said  reports  as  he  may  consider  necessary  or  proper 
to  the  Board  of  Education  of  The  City  of  New  York,  and  they 
shall  also  report  to  the  City  Superintendent  at  such  times,  con- 
cerning such  matters,  and  in  such  form  as  said  Superintendent 
shall  require.  It  shall  further  be  the  duty  of  the  Borough 
Superintendent,  and  of  each  Associate  Superintendent,  through 

534 


him,  to  report  to  the  School  Board  of  the  Borough  any  case 
of  gross  misconduct,  neglect  of  duty,  or  general  inefficiency 
on  the  part  of  any  principal  or  teacher  or  other  member  of 
the  educational  staff  within  his  jurisdiction. 

Borough  Board  of  Superintentents.  Lists  of  principals,  etc.,  to  be 
kept  by.     Where  principals  report. 

Sec.  1109.  The  Borough  Board  of  Superintendents  shall 
keep  a  list  of  all  principals  and  other  teachers  in  the  service  of 
the  Board  of  Education  in  the  said  Borough  or  Boroughs,  with 
the  dates  of  their  appointment,  the  grades  and  classes  taught 
by  them,  the  results  of  all  inspections  and  examinations,  and 
of  their  standing  as  regards  regularity  and  punctuality  in 
attendance.  Such  lists  shall  be  open  to  the  inspection  of 
teachers  (as  to  their  own  records  only),  of  members  of  the 
Board  of  Education,  of  the  members  of  the  School  Board  and 
of  principals.  Principals  shall  report  to  the  Borough  Super- 
intendent at  such  times  upon  such  matters  and  in  such  form 
as  he  may  require. 

Id.:  Promotion  of  pupils :  transfer  of  teachers  by  City  Superintend- 
ent of  Schools :  preferment  where  schools  are  consolidated 
or  discontinued. 

Sec.  1110.  Each  Borough  Board  of  Superintendents  shall 
establish  for  the  schools  under  their  charge  rules  and  regula- 
tions for  the  promotion  of  pupils  from  grade  to  grade,  from 
school  to  school,  for  graduation  from  all  grades  of  schools,  and 
for  the  transfer  of  pupils  from  one  school  to  another. 

With  the  consent  of  the  teacher  and  of  the  principal  and 
the  School  Board  concerned,  the  City  Superintendent  of 
Schools  shall  have  power  to  transfer  a  teacher  from  a  school 
in  one  Borough  to  a  school  in  another  Borough,  provided  that 
the  teacher  possess  the  qualifications  to  teach  in  the  Borough  to 
which  said  teacher  is  to  be  transferred,  as  such  qualifications  are 
prescribed  both  by  the  Board  of  Education  and  by  the  School 
Board  of  the  Borough  concerned.  All  such  transfers  shall  be 
reported  forthwith  to  the  School  Boards  of  the  Boroughs  in 
which  the  schools  affected  are  situated. 

535 


In  case  of  the  consolidation  of  schools  or  of  the  discontinu- 
ance of  any  school,  principals  and  teachers  of  good  standing, 
who  thereby  ma}'^  be  deprived  of  employment,  shall  be  pre- 
ferred in  appointments  to  be  made  in  any  of  the  schools  of  the 
Borough. 

Id.:  Recommendations  of  a7id  requisitions  for  text  books  and  scho- 
lastic supplies. 

Sec.  1111.  The  Borough  Board  of  Superintendents  may 
recommend  to  the  School  Board  text  books,  apparatus  and 
other  scholastic  supplies  required  in  the  schools  of  the  Bor- 
ough, which,  when  approved  or  modified  by  the  School  Board, 
shall  upon  its  requisition,  or  upon  the  requisition  of  the  Bor- 
ough Superintendent,  made  in  conformity  with  its  b3'-laws,  be 
supplied  by  the  Board  of  Education.  Requisitions  may  be 
made  by  principals  under  regulations  to  be  approved  by  the 
School  Board,  and  the  same  must  be  approved  by  the  Bor- 
ough Superintendent. 

Miscellaneous  provisions  as  to  powers  and  duties  of  Borough  Super- 
intendent, Borough  Board  of  Superintendents,  and  principals. 

Sec.  1112.  Subject  to  the  by-laws  of  the  School  Board,  the 
Borough  Superintendent,  or  other  appropriate  officer,  shall 
assign  to  their  duties  such  special  teachers  in  drawing,  music, 
physical  culture,  manual  training,  sewing,  cooking,  kinder- 
garten work,  or  other  special  branches,  as  the  School  Board 
of  the  Borough  may  appoint ;  and  such  teachers  shall  be 
responsible  to  the  principal  of  each  school  to  which  they  are 
assigned  for  the  performance  of  their  duties  therein,  and  shall 
report  to  him  and  also  to  the  Borough  Superintendent  as 
these  officers  may  respectively  require,  unless  otherwise 
ordered  by  the  School  Board. 

Id.:  Qualifications  for  special  branches. 

Sec.  1113.  A  Borough  Superintendent  shall  have  a  seat  in 
the  School  Board  of  his  Borough  with  the  right  to  speak  on 
all  matters  before  the  Board,  but  not  to  vote.  Subject  to  the 
approval  of  the  Borough  Board  of  Superintendents  and  as  the 

536 


by-laws  of  such  Board  may  prescribe,  the  principal  of  each 
school  shall  direct  the  methods  of  teaching  in  all  classes  under 
his  charge  except  that  the  School  Board  may  adopt  by-laws  to 
govern  in  the  case  of  special  classes.  The  Board  of  Borough 
Superintendents  shall  have  the  power  from  time  to  time  to 
issue  syllabuses  of  the  topics  in  the  various  branches  taught 
which  shall  be  regarded  as  the  minimum  amount  of  work  re- 
quired in  such  branches. 

The  Borough  Superintendent  of  the  Boroughs  of  Queens 
and  of  Richmond  respectively  is  hereby  authorized,  with  the 
approval  of  the  School  Board  of  the  respective  Boroughs,  to 
designate  certain  principals  as  supervising  principals  to  aid 
the  Board  of  Superintendents  in  their  work  of  supervision. 

No  person  shall  be  eligible  for  election  as  supervisor 
of  a  special  branch,  as  music,  drawing,  kindergarten,  etc., 
who  is  not  {a)  a  graduate  of  a  high  school  or  of  an  institu- 
tion of  equal  or  higher  scholastic  rank  ;  and  {b)  a  graduate 
from  a  course  of  professional  training  of  at  least  one  year 
in  the  special  branch  that  he  is  to  supervise  or  teach ;  and 
{c)  a  teacher  of  that  special  branch  with  at  least  three  years 
of  successful  experience. 

Charges  against  principal  and  teachers   and  others ;  proceedings 
thereon. 

Sec.  1114.  A  member  of  a  School  Board,  a  Borough  Super- 
intendent, or  an  Associate  Superintendent  may  prefer  charges 
to  the  School  Board  against  a  principal,  a  branch  principal,  a 
supervisor,  a  head  of  department,  or  any  other  officer  exercis- 
ing supervising  powers  in  the  schools  under  their  charge,  or 
against  a  teacher  in  any  of  the  schools  under  their  charge,  for 
gross  misconduct,  insubordination,  neglect  of  duty,  or  general 
inefficiency.  Pending  trial,  the  School  Board  may  suspend 
said  principal  or  teacher  or  other  officer,  with  or  without  pay, 
and  appoint  a  substitute  in  his  place. 

In  accordance  with  by-laws  to  be  passed  by  the  School 
Board,  the  principal  of  any  school  shall  have  the  like  power 
to  suspend  a  teacher  in  his  school,  and  shall  forthwith  report 
such  suspension  to  the  Borough  Superintendent,  who  shall 
immediately  report  it  to  the  School  Board.     Pending  action 

537 


by  the  School  Board,  the  Borough  Superintendent  m'ay  ap- 
point a  substitute  in  the  place  of  any  teacher  so  suspended. 

The  School  Board,  on  receiving  notice  of  charges  under 
the  provisions  of  either  of  the  foregoing  paragraphs,  shall  im- 
mediately proceed  to  try  and  determine  the  case,  either  in  the 
Board  or  by  a  committee  of  its  body,  and  shall  fix  the  fine, 
penalty,  or  punishment,  if  any,  that  should  be  imposed  for  the 
offence ;  and  such  fine,  penalty,  or  punishment  shall  consist  of 
a  fine,  in  suspension  for  a  fixed  time  without  pay,  or  in  dismis- 
sal. The  report  of  any  committee  holding  such  trial  shall  be 
subject  to  final  action  by  the  Board,  which  may  reject,  con- 
firm, or  modify  the  conclusions  of  the  Committee,  and  the  de- 
cision of  the  Board  shall  be  final,  except  as  as  to  matters  in 
relation  to  which,  under  the  general  school  laws  of  the  State, 
an  appeal  may  be  taken  to  the  State  Superintendent  of 
Public  Instruction.  In  case  the  principal  or  other  of- 
ficer or  teacher  is  acquitted,  he  shall  be  restored  to  his 
position  with  full  pay  for  the  period  of  suspension.  In  all 
trials  authorized  by  this  chapter,  all  testimony  taken  shall  be 
under  oath,  which  the  President  of  the  Board  or  Chairman  of 
the  Committee  conducting  the  trial  is  hereby  authorized  to 
administer,  and  the  Supreme  Court  shall  have  power,  upon 
the  application  of  such  President  or  Chairman,  to  compel  any 
witness  who  may  be  summoned,  to  appear  and  testify  before 
said  Board  or  Committee. 

Powers  of  investigation. 

Sec.  1115.  TheBoard  of  Education  or  any  School  Board  may 
investigate,  of  its  own  motion  or  otherwise,  either  in  the  Board 
or  by  a  committee  of  its  own  body,  any  subject  of  which  it  has 
cognizance  or  over  which  it  has  legal  control,  including  the 
conduct  of  any  of  its  members  or  employees  ;  and  for  the  pur- 
pose of  such  investigation,  such  Board  or  its  President,  or 
Committee  and  its  Chairman,  shall  have  and  may  exercise  all 
the  powers  which  a  School  Board  has  or  may  exercise  in  the 
case  of  a  trial  under  Section  1 1 14  of  this  Act.  Any  action  or 
determination  of  a  Committee  appointed  under  the  provisions 
of  this  section  shall  be  subject  to  approval  or  reversal  by  the 
Board  appointing  it,  which  may  also  modify  the  determina- 

538 


tion  of  the  Committee  in  such  way  as  the  Board  shall  deem 
proper  and  just,  and  the  judgment  of  the  Board  thereon  shall 
be  final. 

Borough    Superintendent.     Enforcing  compulsory   education    latv. 
Nominatifig,  assigning,  suspending  and  discharging  clerks. 

Sec,  J 116.  The  Borough  Superintendent  shall  enforce  the 
compulsory  education  law,  and  shall  nominate  attendance 
officers  to  the  School  Board,  and  shall  direct  such  officers  in 
their  duties.  He  may  suspend  or  discharge  any  such  officer 
for  cause,  but  such  officer  shall  have  the  right  of  appeal  to  the 
School  Board.  He  shall  nominate  to  the  School  Board  such 
clerks  as  may  be  required  in  his  office  and  as  may  be  author- 
ized by  the  School  Board,  and  he  shall  assign  them  to  their 
various  duties.  He  may  suspend  or  discharge  them  for  cause, 
but  in  such  case  the  clerks  shall  have  the  right  of  appeal  to  the 
School  Board. 

Continuation  in  office  of  all  employees  under  the  public  school  system 
of  any  part  of  the  territory  consolidated. 

Sec.  1117.  All  Superintendents,  Assistant  or  Associate  Su- 
perintendents, and  all  principals,  teachers  and  other  members 
of  the  educational  staff  in  the  public  school  system  of  any  part 
of  The  City  of  New  York  as  constituted  by  this  Act,  shall 
continue  to  hold  their  respective  positions  and  to  be  entitled 
to  such  compensation  as  is  now  provided  or  may  hereafter  be 
provided  by  the  various  School  Boards,  subject  to  the  limita- 
tions of  this  Act  and  to  re-assignment  or  to  removal  for  cause, 
as  may  be  provided  by  law.  On  the  first  day  of  February, 
1898,  the  City  Superintendent  of  Schools  in  the  City  of  New 
York  as  constituted  prior  to  the  passage  of  this  Act,  shall  be 
and  become  the  Superintendent  of  Schools  of  the  Boroughs  of 
Manhattan  and  The  Bronx  ;  and  the  Assistant  Superintendents 
of  the  City  of  New  York  as  then  constituted,  shall  be  and  be- 
come Associate  Superintendents  of  the  Boroughs  of  Manhat- 
tan and  The  Bronx ;  the  Superintendent  of  Public  Instruction 
of  the  City  of  Brooklyn  as  constituted  prior  to  the  passage  of 
this  Act,  shall  be  and  become  the  Superintendent  of  Schools  of 
the  Borough  of  Brooklyn;  and  the  Associate  Superintendents  of 

539 


the  City  of  Brooklyn  as  then  constituted,  shall  become  Asso- 
ciate Superintendents  of  the  Borough  of  Brooklyn.  The 
duties  of  all  of  these  officers,  on  and  after  February  ist,  1898, 
shall  be  entirely  defined  and  limited  by  the  provisions  of  this 
Act.  All  persons  transferred  by  this  section  to  the  service  of 
the  consolidated  city  who  hold  office  for  definite  terms,  shall 
be  transferred  for  the  remainder  of  their  respective  terms  only. 

School  money  appropriation  by  the  State  to  the  public  schools  of  the 
city. 

Sec.  1118.  Whenever  the  clerk  of  the  city  shall  receive  notice 
from  the  State  Superintendent  of  Public  Instruction  of  the 
amount  of  moneys  apportioned  to  The  City  of  New  York  for 
the  support  and  encouragement  of  common  schools  therein,  he 
shall  immediately  lay  the  same  before  the  municipal  assembly 
of  said  city ;  and  the  Chamberlain  of  the  said  city  shall  apply 
for  and  receive  the  school  moneys  apportioned  to  the  said  city 
as  soon  as  the  same  becomes  payable,  and  place  the  same  in 
the  city  treasury. 

School  Board  of  the  Borough  of  Brooklyn  to  control  and  administer 
the  Public  School  Teachers  ^ Retirement  Fund  created  by  Chap- 
ter 6.56,  Laws  of  1895.  Composition  of  fund.  Retirement 
and  pensions  of  Teachers. 

Sec.  1119.  The  School  Board  of  the  Borough  of  Brooklyn  is 
hereby  given  the  full  care  and  management  of  the  Public 
School  Teachers'  Retirement  Fund,  created  by  chapter  six 
hundred  and  fifty-six  of  the  Laws  of  1895.  When  a  teacher  is 
transferred  to  another  Borough  having  a  Teachers'  Retirement 
Fund,  his  or  her  contribution  may  be  paid  into  the  said  fund 
and  inure  to  the  teacher's  benefit  in  that  fund  under  the  rules 
governing  the  same. 


640 


Title  2. 

the  college  of  the  city  of  new  york. 

To  continue  as  a  separate  corporation. 

Sec.  1127.  The  College  of  the  City  of  New  York,  shall  con- 
tinue to  be  a  separate  and  distinct  organization  and  body  corpo- 
rate, and  as  such  shall  have  the  powers  and  privileges  of  a  college, 
pursuant  to  the  Revised  Statutes  of  this  State,  and  be  subject  to  the 
provisions  of  the  said  statutes  relative  to  colleges,  and  to  the  visita- 
tion of  Regents  of  the  University,  in  like  manner  with  the  other 
colleges  of  the  State. 

Trustees. 

Sec.  1128.  The  members  of  the  Board  of  Education  of  the  City 
of  New  York,  togetherwith  the  president  of  the  college,  shall  be  ex- 
ofiicio  the  Trustees  of  the  said  college,  and  shall  have  and  possess 
the  powers  conferred  upon,  and  be  subject  to  the  duties  required  of 
the  trustees  of  colleges  by  the  Revised  Statutes.  The  president  of  the 
college  shall  be  a  member  of  the  executive  committee  of  the  said 
trustees  for  its  care,  government,  and  management. 

Laws  applicable. 

Sec.  1129.  All  Acts  of  the  Legislature,  which  were  in  force 
on  March  thirtieth,  eighteen  hundred  and  sixty-six,  in  regard 
to  the  Free  Academy,  and  to  its  control,  management,  support, 
and  affairs,  not  since  modified  or  repealed,  and  which  are  not  incon- 
sistent with  the  provisions  of  this  Act,  and  all  laws  in  force  at 
the  time  this  Act  takes  effect  relative  to  the  College  of  the  City 
of  New  York  not  inconsistent  with  this  Act  are  hereby  declared 
to  be  applicable  to  the  said  college. 

Participation  in  State  literature  and  other  funds. 

Sec.  1130.  The  College  of  the  City  of  New  York  shall  be  en- 
titled to  participate  in  the  distribution  of  the  income  of  the  literature 
and  other  funds  in  the  same  manner  and  upon  the  same  conditions 
a«  the  other  colleges  of  the  State,  and  the  Regents  of  the  University 
of  the  State  of  New  York  shall  pay  annually  to  the  Comptroller 

541 


of  the  City  of  New  York,  as  trustee  for  said  college,  the  distributive 
share  of  the  said  funds  to  which  the  said  College  of  the  City  of 
New  York  shall,  by  law,  be  entitled,  and  which  shall  be  applied 
and  expended  for  library  books  for  the  said  college. 

Duty  of  trustees  to  report. 

Sec.  1131.  It  shall  be  the  duty  of  the  Trustees  of  said  col- 
lege, annually  on  or  before  the  first  day  of  September,  to  report 
to  the  Board  of  Estimate  and  Apportionment  such  sum,  not 
exceeding  one  hundred  and  seventy-five  thousand  dollars  in 
any  one  year,  as  they  may  require  for  the  payment  of  the 
salaries  of  the  professors  and  officers  of  said  college;  for 
obtaining  and  fumis'hing  scientific  apparatus,  books  for  the  students 
and  all  other  necessary  supplies  therefor;  for  repairing  and  altering 
the  college  buildings ;  and  for  the  support,  maintenance,  and  general 
expenses  of  said  college;  and  the  said  board  of  Estimate  and  Ap- 
portiomnent  and  the  Municipal  Assembly  of  the  City  of  New  York 
are  herby  autihorized  and  directed  in  ^ch  and  every  year  to  raise 
and  collect  by  tax  on  the  estate,  real  and  personal,  liable  to  tax- 
ation in  said  City,  such  sum  of  money,  not  exceeding  the 
amount  aforesaid,  as  miay  be  reported  to  them  by  said  trustees ;  the 
amount  so  to  be  raised  and  collected  to  be  in  addition  to  the  sums 
required  for  the  purposes  of  common  schools  in  the  City  of  New 
York  under  the  Act  entitled  "An  Act  to  amend,  consolidate,  and  re- 
duce to  one  Act  the  several  Acts  of  the  State  of  New  York  relative 
to  the  common  schools  of  the  City  of  New  York,"  passed  July 
third,  1851,  and  the  several  Acts  amendatory  thereto. 

Upon  the  recommendation  of  the  Trustees,  the  Board 
of  Estimate  and  Apjxirtionment  and  the  Municipal  Assembly  may 
increase,  from  time  to  time,  the  amount  annually  to  be  raised  in 
the  tax  levy  for  the  maintenance  of  the  College  of  the  City  of  New 
York. 

Instruction  to  be  furnished  gratuitously:  degrees  and  diplomas. 

Sec.  1132.  The  Board  of  Education,  as  Trustees  of  said 
college,    shall    continue    to    furnish,    through    the    College    of 

542 


the  City  of  New  York,  the  benefit  of  education,  gratuitously, 
to  boys  who  have  been  pupils  in  the  common  schools  of 
the  City,  and  to  all  other  male  students  who  are  actual 
residents  of  said  City,  and  who  are  qualified  to  pass  the 
required  examination  for  admission  to  said  college.  And  the 
Trustees,  upon  the  recommendation  of  the  faculty  of  the  said  col- 
lege, may  grant  the  usual  degrees  and  diplomas  in  the  arts  to 
such  persons  as  shall  have  completed  a  full  course  of  study  in 
the  said  college. 

Reports  by  Trustees  to  he  furnished. 

Sec.  1133.  The  Trustees  of  the  College  of  the  City  of  New 
York  shall  make  and  transmit,  annually,  on  or  before  the  first  day 
of  February  in  each  year,  to  the  Municipal  Assembly,  and  also  to 
the  Secretary  of  the  Board  of  Regents  of  the  University  of  the  State 
of  New  York,  a  report,  dated  on  the  thirty-first  day  of  December 
next  preceding,  which  report  shall  state  the  names  and  ages  of  all 
the  pupils  instructed  in  sudh  college  during  the  preceding  year,  and 
the  time  that  each  was  so  instructed,  specifying  which  of  them  have 
completed  a  full  course  of  study  therein,  and  whidh  have  received 
degrees,  medals,  and  other  special  testimonials,  a  particular  state- 
ment of  the  studies  pursued  by  each  pupil  since  the  last  preceding 
report,  together  with  the  books  such  student  shall  have  studied,  in 
whole  or  in  part,  and  if  in  part,  what  portion;  an  account  or  estimate 
of  the  library,  philosophical  and  chemical  apparatus,  and  mathe- 
matical or  other  scientific  instruments  belonging  to  such  college; 
the  names  of  the  instructors  employed  in  said  college,  and  the  com- 
pensation paid  to  each;  what  amount  of  moneys  the  Board  of  Ed- 
ucation received  during  the  year  for  the  purposes  of  such  college, 
and  from  what  sources,  specifying  how  much  from  each,  and  the 
particular  manner,  and  the  specific  purposes  for  which  such  moneys 
have  been  expended;  and  such  other  information  in  relation  to  edu- 
cation in  the  said  college,  and  the  measures  of  the  Board  of  Trus- 
tees in  the  management  thereof,  as  the  Municipal  Assembly,  or  the 
Regents  of  the  University  of  the  State  of  New  York  may,  from  time 
to  time,  require. 

^  fuiriVBESITT] 


'^Mfht^ 


Title  3. 

the  normal  college. 

The  Normal  College  of  The  City  of  New  York,  a  corporation  and  college. 
Sec.  1139.  The  Normal  College  of  the  City  of  New  York  is 
hereby  declared  to  be  a  separate  and  distinct  organization  and  body 
corporate,  and  as  such  shall  have  the  power  and  privileges  of  a  col- 
lege pursuant  to  the  revised  statutes  of  this  State,  and  be  subject  to 
the  provisions  of  the  said  statutes  relative  to  colleges,  and  to  the 
visitation  of  theRegentsof  the  University,  in  like  manner  with  the 
other  colleges  of  the  State. 

Id. :  Trustees,  powers  and  duties  of  trustees. 

Sec.  1140.  The  members  of  the  Board  of  Education  of  the 
City  of  New  York,  together  with  the  president  of  the  Normal  Col- 
lege shall  be  ex-officio  the  trustees  of  said  college,  and  shall  have 
and  possess  the  powers  conferred  upon  and  be  subject  to  the  duties 
required  of  the  trustees  of  colleges  by  the  revised  statutes.  The 
president  of  the  college  shall  be  a  member  of  the  executive  commit- 
tee of  the  said  trustees  for  its  care,  government  and  management. 

Id. :  Laws  applicable  to.  Participation  in  State  literature  and  other  funds. 
Sec.  1141.  All  acts  of  the  Legislature  now  in  force  with  regard 
to  the  said  Normal  College,  its  control,  management,  support  and 
affairs,  not  inconsistent  with  the  provisions  of  this  act,  are  hereby 
declared  to  be  appHcable  to  said  college.  The  Normal  College  of 
the  City  of  New  York  shall  be  entitled  to  participate  in  the  distri- 
bution of  the  income  of  the  literature,  and  other  funds  of  the  State 
in  the  same  manner,  and  upon  the  same  conditions  as  the  other  col- 
leges of  the  State,  and  the  Regents  of  the  University  of  the  State  of 
New  York,  shall  pay  annually  to  the  Comptroller  of  the  City  of 
New  York,  as  trustee  for  said  college,  the  distributive  share  of  the 
said  funds  to  which  the  said  Normal  College  of  the  City  of  New 
York  shall  by  law  be  entitled,  and  which  shall  be  applied  and  ex- 
pended for  library  books  for  said  college. 

544 


Id. :  Trustees  to  report  annually  the  amount  required  to  pay  salaries,  etc. 
Such  amount  to  be  raised  by  taxation.  Municipal  Assembly  may 
increase  amount  named  herein. 

Sec.  1142.  It  shall  be  the  duty  of  the  Trustees  of  said  col- 
lege annually  on  or  before  the  fifteenth  day  of  October  to 
report  to  the  Board  of  Estimate  and  Apportionment  such 
sum  not  exceeding  one  hundred  and  fifty  thousand  dollars 
in  any  one  year,  as  they  may  require  for  the  payment  of  the 
salaries  of  the  professors  and  officers  of  the  said  college,  for  obtain- 
ing and  furnishing  scientific  apparatus,  books  for  the  students  and 
all  other  necessary  suppHes  therefor,  for  repairing  and  altering  the 
college  buildings,  and  for  the  support,  maintenance  and  general  ex- 
penses of  said  college;  and  the  said  Board  of  Estimate  and  Appor- 
tionment, and  the  Municipal  Assembly  of  the  City  of  New 
York  are  hereby  authorized  and  directed,  in  each  and  every 
year  to  raise  and  collect  by  tax  on  the  estate,  real  and 
personal,  liable  to  taxation  in  said  city  and  county,  such 
sum  of  money,  not  exceeding  the  amount  aforesaid,  as 
may  be  reported  to  them  by  said  trustees,  the  amount  so  to  be 
raised  and  collected  to  be  in  addition  to  the  sums  required  for  the 
purposes  of  comimon  schools  in  the  City  of  New  York,  under  the 
act  entitled  "An  act  to  amend,  consolidate  and  reduce  to  one  act 
the  several  acts  of  the  State  of  New  York,  relative  to  common 
schools  of  the  City  of  New  York",  passed  July  third,  eighteen  hun- 
dred and  fifty-one,  and  the  several  acts  amendatory  thereto.  Upon 
the  recommendation  of  the  Trustees,  the  Board  of  Estimate 
and  Apportionment  and  the  Municipal  Assembly  may  increase 
from  timie  to  time  the  amount  annually  to  be  raised  in  the  tax  levy 
for  the  maintenance  of  the  Normal  College. 

Id.:  Instruction  to  be  furnished  gratuitously.     Degrees  and  diplomas. 

Sec.  1143.  The  said  Board  of  Education  as  trustees  of  said  col- 
lege shall  continue  to  furnish  through  the  Normal  College  of  the 
City  of  New  York,  the  benefit  of  education  gratuitously  to  girls 
who  have  been  pupils  in  the  common  schools  of  The  City  of  New 
York  as  constituted  by  this  Act,  for  a  period  of  time  to  be  regulated 

545  ..      .    .-•; 


by  the  Board  of  Trustees  of  said  college,  and  to  all  other  girls  who 
are  actual  residents  of  said  city,  and  who  are  qualified  to  pass  the 
required  exanimation  for  admission  to  said  college ;  and  the  Board 
of  Trustees  upon  the  recommendation  of  the  faculty  of  the  said 
college,  may  grant  the  usual  degrees  and  diplomas  in  the  arts  to 
such  persons  as  shall  have  completed  a  full  course  of  study  in  the 
said  college.  The  said  Board  of  Trustees  shall  give  normal  instruc- 
tion in  manual  training  for  the  purpose  of  preparing  teachers  of 
manual  training  for  the  common  school. 

Id.:  Annual  report  of  trustees. 

Sec.  1144.  The  Trustees  of  the  Normal  College  of  the 
City  of  New  York  shall  make  and  transmit  annually,  on  or 
before  the  first  day  of  February  in  each  year,  to  the  Muni- 
cipal Assembly  and  also  to  the  secretary  of  the  Board  of 
Regents  of  the  University  of  the  State  of  New  York,  a  report, 
dated  on  the  last  secular  day  of  December,  next  preceding, 
which  report  shall  state  the  names  and  ages  of  all  the  pupils 
instructed  in  said  college  during  the  preceding  year,  and  the 
time  that  each  was  so  instructed,  specifying  which  of  them  have  com- 
pleted a  full  course  of  study  therein,  and  which  have  received  de- 
grees, medals  and  other  special  testimonials;  a  particular  statement 
of  the  studies  pursued  by  each  pupil  since  the  last  preceding  report 
together  with  the  books  such  student  shall  have  studied,  in  whole  or 
in  part,  and  if  in  part,  what  portions ;  an  account  or  estimate  of  the 
library,  philosophical  and  chemical  apparatus  and  mathematical  or 
other  scientific  instruments  belonging  to  said  college;  the  names  of 
the  instructors  employed  in  said  college  and  the  compensation  paid 
to  each;  what  amount  of  moneys  the  Board  of  Trustees  received 
during  the  year  for  the  purposes  of  said  college,  and  from  what 
source,  specifying  how  much  from  each,  and  the  particular  manner 
and  the  specific  purposes  for  which  such  moneys  have  been  ex- 
pended, and  such  other  information  in  relation  to  education  in  the 
said  college,  and  the  measures  of  the  Board  of  Trustees  in  the 
management  thereof,  as  the  Board  of  Education  or  the  Regents 
of  the  University  of  the  State  of  New  York  may  from  time  to 
time  require. 

546 


Id.:  Money  appropriated  for  to  be  expended  when  required  by  trustees. 
Contracts  by  trustees. 

Sec.  1145.  The  moneys  apportioned  to  the  Board  of  Education 
of  said  City  of  New  York  by  the  Board  of  Estimate  and  Apportion- 
ment and  MunicipalAssembly  for  the  payment  of  the  salaries  of  the 
professors  and  officers  of  said  college,  for  obtaiining  and  furnishing 
scientific  apparatus,  books  for  the  students  and  all  other  necessary 
supplies  therefor,  for  repairing  and  altering  the  college  buildings, 
and  for  the  support,  maintenance  and  general  expenses  of  said  col- 
lege, shall  be  expended  for  said  Normal  College  when  required  by 
the  Trustees  of  the  Normal  Collegeof  the  City  of  New  York,  with 
the  same  right,  power  and  authority  as  if  the  said  college  were  under 
the  control  of  the  Board  of  Education  of  the  City  of  New  York. 
All  contracts  entered  into,  or  liabilities  incurred  by  said  trustees  in- 
volving the  expenditure  of  more  than  one  thousand  dollars,  except 
agreements  for  the  payment  of  salaries,  shall  be  entered  into  and  in- 
curred in  the  manner  and  subject  to  the  restrictions  and  limitations 
provided  as  to  other  expenditures  of  public  moneys  as  provided  for 
in  this  Act. 


Title   4. 


GENERAL    PROVISIONS. 

Religious  sects  and  dogmatic  books  excluded:  Bible  retained. 

Sec.  1151.  No  school  shall  be  entitled  to  or  receive  any  por 
tion  of  the  school  moneys  in  which  the  religious  doctrines  or  ten- 
ets of  any  particular  Christian  or  other  religious  sect  shall  be 
taught,  inculcated,  or  practised,  or  in  which  any  book  or  books, 
containing  compositions  favorable  or  prejudicial  to  the  particular 
doctrines  or  tenets  of  any  particidar  Christian  or  other  religious 
sect  shall  be  used,  or  which  sihall  teach  the  doctrines  or  tenets  of 
any  other  religious  sect,  or  which  shall  refuse  to  permit  the 
visits    and    examinations    provided    for    in    this    chapter.      But 

547 


nothing  herein  contained  shall  authorize  the  Board  of 
Education  or  the  School  Board  of  any  Borough  to  exclude  the 
Holy  Scriptures,  without  note  or  comment,  or  any  selections  there- 
from, from  any  of  the  schools  provided  for  by  this  chapter;  but  it 
shall  not  be  competent  for  the  said  Board  of  Education  to  decide 
what  version,  if  any,  of  the  Holy  Scriptures,  without  note  or  com- 
ment, shall  be  used  in  any  of  the  schools;  provided  that  nothing 
herein  contained  shall  be  so  construed  as  to  violate  the  rights  of 
conscience,  as  secured  by  the  Constitution  of  this  State  and  of  the 
United  States. 

Certain  private  schools  authorised  to  participate  in  common  school  fund. 

Sec.  1152.  The  school  established  and  maintained  by  the  Five 
Points  House  of  Industry,  in  the  City  of  New  York,  the  school  es- 
tablished and  maintained  by  the  Ladies'  Home  Missionary  Society 
of  the  Methodist  Episcopal  Church,  at  the  institution  in  Park  street, 
near  the  place  usually  called  the  Five  Points,  in  the  said  City,  and 
the  industrial  schools  established  and  maintained  under  the  charge 
of  the  Children's  Aid  Society,  in  the  City  of  New  York,  shall  par- 
ticipate through  the  School  Board  of  the  Boroughs  of  Manhat- 
tan and  The  Bronx,  in  the  distribution  of  the  common  school 
fund  in  the  same  manner  and  degree  as  the  common  schools  in 
The  City  of  New  York,  and  shall  be  subject  to  the  same  regu- 
lations and  restrictions  as  are  now  by  law  imposed  on  the  com- 
mon schools  of  New  York. 

Id.:  to  report  as  to  moneys  and  attendance. 

Sec.  1153.  The  Board  of  Education  shall  require  from  the  offi- 
cers conducting  schools  by  appointment  of  the  Board,  and  from  the 
trustees,  managers,  or  directors  of  the  corporate  schools  entitled 
to  participate  in  the  apportionment  of  school  moneys,  a  report  in  all 
respects  similar  to  that  heretofore  required  in  the  City  of  New  York 
from  the  trustees  of  each  ward.  And  in  making  the  apportion- 
ment among  the  several  schools,  no  share  shall  be  allotted  to  any 
school  or  society  from  which  no  sufficient  annual  report  shall  have 


respects  similar  to  that  formerly  required  in  the  City  of  New 
York  as  constituted  prior  to  the  passage  of  this  Act  from  the 
trustees  of  each  ward.  And  in  making  the  apportionment 
among  the  several  schools,  no  share  shall  be  allotted  by  any 
School  Board  to  any  school  or  society  from  which  no  sufficient 
annual  report  shall  have  been  received,  for  the  year  ending  on 
the  last  day  of  June  immediately  preceding  the  apportionment. 

Certain  additional  private  schools  authorized  to  participate  in  school 
funds. 

Sec.  1154.     The  New  York  Orphan  Asylum  School,  the  Ro- 
man Catholic  Orphan  Asylum  School,  the  schools  of  the  two  half 
orphan  asylums,  the  school  of  the  Society  for  the  Reformation 
of  Juvenile   Delinquents,  in  the  City  of  New  York,  the  schoo 
for  the  Leake  and  Watt's  Orphans'  House,  the  school  c-'nnected 
with  the  Alms  House  of  said  City,  the  school  of  the  Association 
for  the  Benefit  of  Colored  Orphans,  the  schools  of  the  American 
Female  Guardian  Society,  the  school  established  and  maintained 
by  the   New  York  Juvenile  Asylum,  by  the  New  York  Infant 
Asylum,   by  the  Nursery  and   Child's   Hospital,    including  the 
country   branch    thereof;    the   orphan    asylums    and    industrial 
schools  as  existing  in  the  City  of  Brooklyn  at  the  time  of  the 
passage  of  this  Act,  and  the  several  schools  and  branches  thereof, 
the  schools  organized  under  the  act  entitled  "  An  Act  to  extend 
to  the  City  and  County  of  New  York  the  provisions  of  the  gen- 
eral Act  in  relation  to  common  schools,  passed  April  eleven, 
eighteen  hundred  and  forty-two,"  or  an  Act  to  amend  the   same 
passed  April  eighteen,  eighteen  hundred  and  forty-three,  or  an 
Act  entitled  "  An  Act  more  effectually  to  provide  for  common 
school  education  in  the  City  and  County  of  New  York,  passed 
May  seventh,  eighteen  hundred  and  fourty-four,"  or  any  of  the 
acts  amending  the  same,  and  such  schools  as  may  be   organized 
under  the  provisions  of  this  chapter  shall  be  subject  to  the  gen- 
eral supervision  of  the  Board  of  Education,  and  shall  be  entitled, 
through  the  proper  School  Boards,  to  participate  in  the  appor- 
tionment of  the  school  moneys,  as  provided  for  in  this  chapter, 
but  they  shall  be  under  the  immediate  direction  of  their  respective 
Trustees,  Managers  and  Directors,  as  herein  provided. 

549 


Id. :  accidental  omission  to  report. 

Sec.  1155.  Whenever  an  appointment  of  the  public  money 
shall  not  be  made  to  any  school,  in  consequence  of  any  accidental 
omission  to  make  any  report  required  by  law,  or  to  comply  with 
any  o*ber  regulation  or  provision  of  law,  the  Board  of  Education 
may,  in  its  discretion,  direct  an  apportionment  to  be  made  to  such 
school,  according  to  the  equitable  circimistances  of  the  case,  to  be 
paid  out  of  the  public  money  on  hand,  or  if  the  same  shall  have  been 
distributed  out  of  the  public  money  to  be  received  in  a  succeeding 
year. 

Id.:  Trustees  of  such  schools  may  convey  to  Corporation  and  become 
merged. 

Sec.  1156.  The  trustees,  managers,  and  directors  of  any  of 
the  corporate  schools  entitled  to  participate  in  the  apportionment  of 
the  school  moneys,  may,  at  any  time,  convey  their  school-houses 
and  sites  to  the  Corporation  of  the  City  of  New  York,  and  transfer 
any  of  their  schools  to  the  Board  of  Education,  on  the  terms  and 
in  the  manner  to  be  agreed  upon  and  prescribed  by  the  Board  of 
Education,  so  as  either  to  merge  the  said  schools  in  the  public 
schools  or  adopt  them  as  public  schools ;  and  the  same  shall  then 
be  public  schools,  subject  to  all  the  rules,  duties,  and  liabilities, 
and  enjoy  the  same  rights  as  if  they  had  been  originally  estab- 
lished as  public  schools. 

Nautical  school  to  be  established. 

Sec.  1157.  The  Board  of  Education  is  authorized  and  directed 
to  provide  and  maintain  a  nautical  school  in  said  City,  for  the  edu- 
cation and  training  of  pupils  in  the  science  and  practice  of  naviga- 
tion; to  fumisb  accommodations  for  said  school,  and  make  all 
needful  rules  and  regulations  therefor,  and  for  the  number  and 
compensation  of  instructors  and  others  employed  therein;  to  pre- 
scribe tbe  government  and  discipline  thereof,  and  the  terms  and 
conditions  upon  which  pupils  shall  be  received  and  instructed  there- 
in, and  discharged  therefrom,  and  provide  in  all  things  for  the  good 

550 


management  of  said  nautical  school.  And  said  Board  shall  have 
power  to  purchase  the  books,  apparatus,  stationery,  and  other 
things  necessary  or  expedient  to  enable  said  school  to  be  properly 
and  successfully  conducted,  and  may  cause  the  said  school  or  the 
pupils,  or  part  of  the  pupils,  thereof  to  go  on  board  vessels  in  the 
harbor  of  New  York,  and  take  cruises  in  or  from  said  'harbor  for 
the  purpose  of  obtaining  a  practical  knowledge  in  navigation  and 
of  the  duties  of  mariners.  And  the  said  Board  are  hereby  author- 
ized to  apply  to  the  United  States  Government  for  the  requisite  use 
of  vessels  and  supplies  for  the  purpose  above  mentioned. 


Nautical  school;  management  of. 

Sec.  1158.  The  said  Board  of  Education  shall  appoint  annually 
at  least  three  of  their  number  who  shall,  subject  to  the  control, 
supervision,  and  approbation  of  the  Board,  constitute  an  executive 
committee,  for  the  care,  government,  and  management  of  sucK 
nautical  school,  under  rules  and  regulations  so  prescribed,  and 
whose  duty  it  shall  be,  among  other  things,  to  recommend  the  rules 
and  regulations  which  they  deem  necessary  and  proper  for  such 
school. 

Id.:  Chamber  of  Commerce  to  appoint  committee  to  serve  as  council. 

Sec.  1159.  The  Chamber  of  Commerce  of  New  York  is  author- 
ized to  provide  for  and  appoint  a  committee  of  its  members  to  serve 
as  a  council  of  the  nautical  school,  whose  duty  it  shall  be,  as  far  as 
may  be,  to  advise  and  co-operate  with  the  Board  of  Education  in 
the  establishment  and  management  of  such  school,  and  from  time 
to  time  to  visit  and  examine  the  same,  and  to  communicate  in 
respect  thereof,  with  the  Board  of  Education,  or  such  executive 
committee  thereof,  and  to  make  reports  to  the  Chamber  of  Com- 
merce which  may  transmit  to  the  State  Superintendent  of  Public 
Instruction  such  reports,  or  any  thereof,  or  an  abstract  of  the  same, 
with  such  recommendations  as  may  be  deemed  advisable. 

551  ..^ 


Id.:  expenses. 

Sec.  1160.  After  the  establishment  and  organization  of  the  said 
school,  the  expenses  thereof,  and  of  carrying  out  the  provisions  of 
this  chapter,  sihall  be  defrayed  from  the  moneys  raised  by  law  for 
the  support  of  common  schools  in  the  City  of  Ne     York. 

New  York  Instihition  for  the  Blind. 

Sec.  1161.  The  Board  of  Education  is  hereby  authorized  and 
required  to  distribute  to  the  Managers  of  the  New  York  Institution 
for  the  Blind  a  ratable  proportion  of  the  said  school  fund  to  every 
blind  pupil  in  said  Institution,  without  regard  to  age. 


562 


CHAPTER   XIX. 

DEPARTMENT   OF   HEALTH, 

Title  1.    Powers  and  Duties  of  the  Department,  its  Officers 
and  Administration. 

2.  Marriages,  Births  and  Deaths. 

3.  Duties  of  Physicians  and  Others. 

4.  Legal  Proceedings  and  Punishment  for  Disobedience 

of  Orders  and  Ordinances. 

5.  Reimbursement  of  Expenses. 

6.  Abatement  by  Suit.  j 

7.  Tenement  and  Lodging  Houses. 

8.  Pension  Fund. 

Title  1. 

orgamzation,    administration,   authority,    duties   and 

powers  of  department. 

The  Board  of  Health  the  head  of  the  Department  of  Health. 

Section  1167.  The  head  of  the  Department  of  Health  shall 
be  called  the  Board  of  Health.  Said  board  shall  consist  of  the 
President  of  the  Board  of  Police,  the  Health  Officer  of  the 
Port,  and  three  officers  called  Commissioners  of  Health,  who 
shall  be  appointed  by  the  Mayor,  and  shall  hold  their  respective 
offices,  as  provided  in  Chapter  IV  of  this  Act  as  designated  by 
the  Mayor. 
Authority,  duty  and  powers  of  the  Board  of  Health. 

Sec.  1168.  The  authority,  duty,  and  powers  of  the  Depart- 
ment of  Health  shall  extend  over  The  City  of  New  York,  and 
the  waters  adjacent  thereto,  within  the  jurisdiction  of  said  City, 

553 


and  over  the  waters  of  the  bay  within  the  quarantine  limits  as 
established  by  law,  but  shall  not  be  held  to  interfere  with  the 
powers  and  duties  of  the  commissioners  of  quarantine  or  the 
health  officer  of  the  port.  It  shall  be  the  duty  of  the  Depart- 
ment of  Health  to  make  an  annual  report  to  the  Mayor  of  The 
City  of  New  York,  of  all  the  operations  of  the  department  for 
the  previous  year.  The  Mayor  may  at  any  time  call  for  a  fuller 
report,  or  for  a  report  upon  any  portion  of  the  work  of  said  De- 
partment, whenever  he  may  deem  it  to  be  for  the  public  good 
so  to  do. 

All  the  authority,  duty  and  powers  heretofore  conferred  or  en- 
joined upon  the  Health  Departments,  Boards  of  Health,  health  and 
sanitary  officers  in  any  of  the  municipal  and  public  corporations 
or  parts  thereof,  in  any  of  the  territory  now  within  or  here- 
after to  become  a  part  of  The  City  of  New  York,  as  constituted 
by  this  Act,  and  within  the  jurisdiction  of  said  city,  by  chapter 
seventy-four  of  the  Laws  of  eighteen  hundred  and  sixty-six,  and  the 
several  Acts  amendatory  thereof,  and  by  any  other  subsequent 
laws  of  this  State,  and  upon  the  several  officers  and  members  of 
said  boards,  by  the  laws  constituting  and  appointing  all  such  depart- 
ments, boards  of  health,  and  sanitary  officers  and  members  of  said 
boards,  by  the  laws  constituting  and  appointing  all  such  depart- 
ments, boards  of  health,  and  sanitary  officers,  and  giving  and  grant- 
ing to  them,  or  any  of  them,  duties  and  powers  not  inconsistent  with 
the  provisions  of  this  Act,  are  hereby  conferred  upon  and  vested  in 
and  enjoined  upon,  and  shall  hereafter  be  exclusively  exercised  in 
the  City  of  New  York  by  the  Department  of  Health,  and  Board  of 
Health,  created  by  this  Act,  and  by  the  officers  of  said  Board  of 
Health  and  the  said  Department  of  Health,  and  the  same  are  to  be 
exercised  in  the  manner  specified  in  said  chapter  seventy-four  of 
the  Laws  of  eighteen  hundred  and  sixty-six,  and  the  several  Acts 
amendatory  thereof,  and  by  any  other  subsequent  laws  of  the  State 
relative  to  health  and  sanitary  matters,  and  the  prevention  of  pesti- 
lence and  disease  in  said  City  of  New  York,  or  in  any  part  there- 
of, and  in  conformity  with  the  provisions  of  this  Act. 

JDuty  of  Board  as  to  enforcement  of  laws.     Information. 

Sec.  1169.  It  shall  be  the  duty  of  said  Board  of  Health  to  aid 

554 


the  enforcement  of,  and  so  far  as  practicable,  to  enforce  all  laws  of  this 
State,  applicable  in  said  district,  to  the  preservation  of  human  life,  or 
to  the  care,  promotion,  or  protection  of  health;  and  said  board  may 
exercise  the  authority  given  by  said  laws  to  enable  it  to  discharge 
the  duty  hereby  imposed ;  and  this  section  is  intended  to  include  all 
laws  relative  to  cleanliness,  and  to  the  use  or  sale  of  poisonous,  un- 
wholesome, deleterious,  or  adulterated  drugs,  medicine  or 
food,  and  the  necessary  sanitary  supervision  of  the  purity 
and  wholesomeness  of  the  water  supply  and  the  sources 
thereof  for  the  City  of  New  York.  And  said  board  is 
authorized  to  require  reports  and  information  at  such  times 
and  of  such  facts,  and  generally  of  such  nature  and  extent,  rela- 
tive to  the  saiety  of  life  and  promotion  of  health  as  its  by-laws  or  rules 
may  provide,  from  all  public  dispensaries,  hospitals,  asylums,  in- 
firmaries, prisons  and  schools,  and  from  the  managers,  principals  and 
officers  thereof;  and  from  all  other  public  institutions,  their  officers 
and  managers,  and  from  the  proprietors,  managers,  lessees,  and  oc- 
cupants of  all  theatres  and  other  places  of  public  resort  or  amusement 
in  said  district;  but  such  reports  and  information  shall  only  be  re- 
quired concerning  matters,  or  particulars,  in  respect  of  which,  it  may, 
in  its  opinion,  need  information,  for  the  better  discharge  of  its  duties 
in  said  City  of  New  York  and  every  part  thereof. 

It  is  hereby  made  the  duty  of  the  officers,  institutions,  and  persons 
so  called  on,  or  referred  to,  to  promptly  give  such  information  and 
make  such  reports  verbally  or  in  writing  as  may  be  required  by  said 
board.  '    ■       ]    ]\ 

The  Board  of  Health  shall  use  all  reasonable  means  for  ascertain- 
ing the  existence  and  cause  of  disease  or  peril  to  life  or  health,  and  for 
averting  the  same,  throughout  said  City,  and  shall  promptly  cause  all 
proper  information  in  possession  of  said  board  to  be  sent  to  the  local 
health  authorities  of  any  city,  village,  or  town  in  this  State  which  may 
request  the  same,  and  shall  add  thereto  such  useful  suggestions  as  the 
exoerience  of  said  board  may  supply. 

It  shall  be  the  duty  of  said  board,  so  far  as  it  may  be  able, 
without  serious  expense,  to  gather  and  preserve  such  information 
and  facts  relating  to  death,  disease  and  health,  from  other  parts 

555 


of  this  State,  but  especially  in  said  City,  as  may  be  useful  in  the 
discharge  of  its  duties,  and  contribute  to  the  promotion  of  health, 
or  the  security  of  life  in  the  State  of  New  York. 

It  shall  be  the  duty  of  said  board  to  give  all  information  that  may 
be  reasonably  requested  concerning  any  threatened  danger  to  the 
public  health,  to  the  Health  Officer  of  the  Port  of  New  York,  and  to 
the  Commissioners  of  Quarantine  of  said  port;  who  shall  give  the 
like  information  to  said  board;  and  said  board,  and  said  officers  and 
Quarantine  Commissioners  shall,  so  far  as  legal  and  prac- 
ticable, co-operate  together  to  prevent  the  spread  of  disease,  and 
for  the  protection  of  life  and  the  promotion  of  health,  within  the 
sphere  of  their  respective  duties.  Said  board  may  grant  bills  of 
health  to  masters  of  vessels  certifying  to  the  condition  of  the  city  in 
respect  of  health. 

Hospitals. 

Sec.  1170.  Said  board  may  remove  or  cause  to  be  removed 
to  proper  place,  to  be  by  it  designated,  any  person  sick  with  a 
any  contagious,  pestilential,  or  infectious  disease;  shall  have  ex- 
clusive charge  and  control  of  the  hospitals  for  the  treatment  of  such 
cases ;  and  shall  have  power  to  provide  and  pay  for  the  use  of  proper 
places  to  which  to  remove  such  persons  as  well  as  to  designate  such 
places.  The  Board  of  Health  is  authorized  and  empowered  to  erect, 
establish,  maintain,  and  furnish,  upon  North  Brothers  Island  and 
in  such  other  places  within  the  City  of  New  York  as  are  now  used 
for  such  purposes,  buildings  and  hospitals  for  the  care  and  treat- 
ment of  persons  sick  with  contagious  diseases,  and  shall  have  the  ex- 
clusive charge  and  control  of  the  said  buildings  and  hospitals.  It 
shall  have  power  to  take  possession  of,  and  occupy  for  temporary 
hospitals,  any  building  or  buildings  in  the  said  City,  during  the  preva- 
lence of  an  epidemic,  if  in  the  judgment  of  the  board  the  same  may 
be  required,  and  shall  pay  for  private  property  so  taken  a  just  copi- 
pensation  for  the  same.  Said  board  may  cause  proper  care  and 
attendance  to  be  given  to  persons  sick  or  removed,  when  it  shall 
be  made  to  appear  to  the  said  board  that  any  such  person  is  so  poor 
as  to  be  unable  to  procure  for  himself  such  care  and  attendance, 

656 


or  that  the  public  health  requires  special  medical  care  and  attend- 
ance. The  Board  of  Health  may  send  to  such  place  as  it  may  direct, 
all  aliens  and  other  persons  in  the  city,  not  residents  thereof,  who 
shall  be  sick  of  any  infectious,  pestilential,  or  contagious  disease. 
The  expense  of  the  support  of  such  aliens  or  other  persons  shall 
be  defrayed  by  the  corporation  of  the  City  of  New  York,  unless 
such  aliens  or  other  persons  shall  be  entitled  to  support  from  the 
Commissioners  of  Emigration.  No  person  shall  remove  any 
person  sick  with  infectious,  contagious  or  pestilential  disease  from 
any  vessel  or  other  place  in  said  City  without  a  written  permit 
from  the  Board  of  Health. 

Repairs  of  building. 

Sec.  1171.  Thepowersof  theBoardof  Healthshallbeconstrued 
to  include  the  ordering-  and  enforcing  in  the  same  manner  as  other 
orders  are  provided  to  be  enforced,  the  repairs  of  buildings,  houses, 
and  other  structures ;  the  regulation  and  control  of  all  public  markets 
(so  far  as  relates  to  the  cleanliness,  ventilation,  and  drainapfe  thereof, 
and  to  the  prevention  of  the  sale,  or  offering  for  sale,  of  improper 
articles  therein) ;  the  removal  of  any  obstruction,  matter,  or  thing  in 
or  upon  the  public  streets,  sidewalks,  or  places  which  shall  be  in  its 
opinion  liable  to  lead  to  results  dangerous  to  life  or  health;  the  pre- 
vention of  accidents  by  which  life  or  health  may  be  endangered ;  and 
generally  the  abating  of  uMi  nuisances.  It  is  hereby  expressly  de- 
clared that  the  said  Board  of  Health  shall  have  and  possess  full  and 
complete  power  with  reference  to  the  ventilation,  drainage,  and  clean- 
liness of  the  stands  or  stalls  in  or  around  all  markets,  and  said  board 
shall  have  in  said  City  all  common-law  rights  to  abate  any  nuisance 
without  suit,  which  can  or  does  in  thi^  State  belong  to  any  person 
whatever. 

Sanitary  code. 

Sec.  1172.  The  Sanitary  Code  adopted  and  declared  as  such 
at  the  meeting  of  the  Board  of  Health  of  the  Health  Depart- 
ment of  The  City  of  New  York,  held  in  the  city  as  formerly 
constituted  and  bounded  on  the  second  day  of  June,  one 
thousand    eight    hundred    and    seventy-three,    as    amended    in 

557 


accordance  with  law,  is  hereby  declared  to  be  binding  and  in 
force  in  the  City  constituted  by  this  Act,   and  shall  continue  to 
be  so  binding  and  in  force,  except  as  the  same   may,  from  time 
to  time,  be  revised,  altered,  amended  or  annulled  by  the   Board 
of  Health  as  herein  provided.      And  it  shall  be  the  duty  of  said 
board,  immediately  upon  organization  under  this  Act,  to  cause 
to  be  conformed  to  this  title  the  Sanitary  Code  of  Ordinances, 
adopted  by  the  existing  Department  of  Health,  and  the  depart- 
ments and  Boards  of  Health  existing  in  the  several  parts  of  the 
City  of  New  York  before  the  passage  of  this  Act,    which  shall 
be  called  the  "  Sanitary  Code."     Said  Board  of  Health  is  hereby 
authorized  and  empowered  from  time  to  time,  to  add  to  or  to  alter, 
amend  or  annul  any  part  of  the  said   Sanitary  Code,   and  may 
therein  publish  additional  provisions  for  the  security  of  life  and 
health   in  The  City  of    New  York,    and  distribute    appropriate 
powers  and  duties  to  the  members  and  employees  of  the  Depart- 
ment of  Health,  not   inconsistent  with  the  constitution  or    laws 
of  this  State.     The  Board  of   Health  may  embrace  therein  all 
matters  and  subjects  to  which,   and  so  far  as,   the  power  and 
authority  of  said  Department  of   Health   extends,   not   limiting 
their  application  to  the  subject  of  health   only.      But  no  such 
revision,  alteration  or  amendment  shall  take  effect  or  be  bind- 
ing or  in  force,  until  the  same  has  been  published  once  a  week 
for  two  successive  weeks  in  the  City  Record.     The  publication 
of  additional  provisions  in,  and  of,   additional  ordinances  of  the 
Sanitary  Code  once  a  week  for  two  successive  weeks  in  the  City 
Record  shall  be  sufficient,  and  render  any  further  publication  of 
the  same  in  any  other  newspaper  unnecessary.      Any  violation 
of  said  code  or  its  amendments  shall  be  treated  and  punished  as 
a  misdemeanor,  and  the  offender  shall  also  be  liable  to  pay  a 
penalty  of  fifty  dollars,  to  be  recovered  in  a  civil  action  in  the 
name  of  the  Department  of   Health  of  The  City  of  "New  York, 
before  any  justice  or  tribunal  in  said  city,  having  jurisdiction  of 
civil  actions;  and  all  such  justices  and  tribunals  shall  take  juris- 
diction of  such  action. 

Copies  of  the  record  of  the  proceedings  of  said  board,  of  its 
rules,  regulations,  ordinances,  by-laws,  and  books  and  papers 
constituting  part  of  its  archives,  and  the   Sanitary  Code,  now  or 

558 


hereafter  in  force  in  said  city,  and  the  ordinances  of  the  Sani- 
tary Code  added  thereto  and  adopted  by  said  Board  of  Health, 
when  authenticated  by  its  secretary,  or  secretary /r^  tern.,  shall 
be  presumptive  evidence,  and  the  authentication  taken  as  pre- 
sumptively correct  in  any  court  of  justice,  or  judicial  proceeding, 
when  they  may  be  relevant  to  the  point  or  matter  in  contro- 
versy, of  the  facts,  statements,  and  recitals,  therein  contained. 

Judicial  notice  of  seal  and  presumptions. 

Sec.  1173.  The  actions,  proceedings,  authority,  and  orders  of 
said  Board  of  Health  shall  at  all  times  be  regarded  as  in  their  nature 
judicial,  and  be  treated  as  prima  facie  just  and  legal.  All  meet- 
ings of  said  Board  shall  in  every  suit  and  proceeding  be  taken  to 
have  been  duly  called  and  regularly  held,  and  all  orders  and  pro- 
ceedings to  have  been  duly  authorized,  unless  the  contrary  be 
proved.  All  courts  shall  take  judicial  notice  of  the  seal  of  said 
board  and  of  the  signature  of  its  secretary  and  chief  clerk. 

Seal. 

Sec.  1174.  The  Board  of  Health  may  design  and  adopt  a 
seal,  and  use  tiie  same  in  the  authentication  of  its  orders  and 
proceedings,  commissioning  its  officers  and  agents,  and  otherwise, 
as  the  rules  of  the  Board  may  provide.  Said  Board  may  enact 
such  by-laws,  rules  and  regulations  as  it  may  deem  advisable,  in 
harmony  with  the  provisions  and  purposes  of  this  chapter,  and 
not  inconsistent  with  the  constitution  or  laws  of  this  State,  for 
the  regulation  of  the  action  of  said  board,  its  ofhcers  and  agents, 
in  the  discharge  of  its  and  their  duties,  and  from  time  to  time 
may  alter,  annul  or  amend  the  same. 

Publication  of  reports  and  statistics. 

Sec.  1175.  The  Board  of  Health  may  establish  as  it  shall 
deem  wise,  and  to  promote  the  public  good  and  public  service, 
reasonable  regulations  as  to  the  publicity  of  any  of  the  papers, 
files,  reports,  records  and  proceedings  of  the  Department  of 
Health  ;  and  may  publish  such  information  as  may,  in  its  opinion, 
be   useful,   concerning  births,   deaths,   marriages,   sickness,   and 

559 


the  general  sanitary  conditions  of  said  City,  or  any  matter,  place 
or  thing  therein.  Said  department  shall  prepare  and  keep  the 
statistics  of  tenements  and  lodging-houses,  and  make  semi-annual 
reports  upon  the  same,  and  transmit  such  statistics  to  the  State 
Board  of  Health. 

Proceedings  relative  to  dangerous  buildings,  vessels^  places  and  things. 

Sec.  1176.  Whenever  any  building,  erection,  excavation,  prem- 
ises, business  pursuit,  matter  or  thing,  or  the  sewerage,  drainage 
or  ventilation  thereof,  in  said  City,  shall,  in  the  opinion  of  said 
board,  whether  as  a  whole  or  in  any  particular,  be  in  a  condition 
or  in  effect  dangerous  to  life  or  health,  said  board  may  take  and  file 
among  its  records  what  it  shall  regard  as  sufficient  proof  to  author- 
ize its  declaration  that  the  same,  to  the  extent  it  may  specify,  is  a  pub- 
lic nuisance,  or  dangerous  to  life  or  health;  and  said  board  may 
thereupon  enter  in  its  records  the  same  as  a  nuisance,  and  order  the . 
*  same  to  be  removed,  abated,  suspended,  altered,  or  otherwise  im- 
proved or  purified,  as  said  order  shall  specify;  and  if  any  party 
served  with  such  order  (or  intended  to  be  according  to  this  chapter), 
shall,  before  its  execution  is  commenced,  or  within  three  days  after 
such  service  or  attempted  service,  apply  to  said  Board,  or  the  presi- 
dent thereof,  to  have  said  order  or  its  execution  stayed  or  modified, 
it  shall  then  be  the  duty  of  said  board  to  temporarily  suspend  or 
modify  said  order  or  the  execution  thereof,  save  in  cases  of  immi- 
nent danger  from  impending  pestilence,  when  said  board  may  exer- 
cise extraordinary  powers,  as  herein  elsewhere  specified,  and  to  give 
such  party  or  parties  together,  as  the  case  in  the  opinion  of  the 
board  may  require,  a  reasonable  and  fair  opportunity  to  be  heard 
before  said  board  and  to  present  facts  and  proofs,  according  to  the 
rules  or  directions  of  said  Board,  against  said  declaration  and  the 
execution  of  said  order,  or  in  favor  of  its  modification,  according  to 
the  regulations  of  the  Board  ;  and  the  Board  shall  enter  in  its  min- 
utes such  facts  and  proofs  as  it  may  receive  and  its  proceedings  on 
such  hearing,  and  any  other  proof  it  may  take ;  and  thereafter  may 
rescind,  modify  or  reaffirm  its  said  declaration  and  order,  and  re- 
quire execution  of  said  original,  or  of  a  new  or  modified  order 

560 


to  be  made,  in  such  form  and  effect  as  it  may  finally  determine. 
Said  Board  may  order  or  cause  any  excavation,  erection,  vehicle, 
vessel,  water-craft,  room,  building,  place,  sewer,  pipe,  passage, 
premises,  ground,  matter,  or  thing,  in  said  city  or  adjacent 
waters,  regarded  by  said  board  as  in  a  condition  dangerous  or  detri- 
mental to  life  or  health,  to  be  purified,  cleaned,  disinfected,  altered, 
or  improved;  and  may  also  order  any  substance,  matter,  or  thing, 
being  or  left  in  any  street,  alley,  water,  excavation,  building,  erec- 
tion, place  or  grounds  (whether  such  place,  where  the  same  may 
be  public  or  private),  and  which  said  Board  may  regard  as  dan- 
gerous or  detrimental  to  life  or  health,  to  be  speedily  removed 
to  some  proper  place;  and  may  designate  or  provide  a  place  to 
which  the  same  shall  be  removed,  when  no  such  adequate  or  proper 
pilace,  in  the  judgment  of  said  board,  is  already  provided.  If  said 
order  is  not  complied  with,  or  as  far  complied  with  as  said  Board 
of  Health  may  regard  as  reasonable,  within  five  days  after 
such  service  or  attempted  servicq  or  within  any  shorter  time, 
which,  in  case  of  pestilence,  the  Board  of  Health  may  have  desig- 
nated, or  is  not  thereafter  speedily  and  fully  executed,  then  any  such 
order  may  be  executed  as  herein  elsewhere  provided  in  regard  to  any 
of  the  orders  of  said  Board.  And  if  personal  service  of  anyaforesaid 
order  cannot  be  made  under  this  section  by  reason  of  absence  from 
said  district,  or  inability  to  find  one  or  more  of  the  owners,  occupants, 
lessees,  or  tenants  of  the  subject  matter  to  which  said  order  relates, 
or  one  or  more  of  the  persons  whose  duty  it  was  to  have  done  what 
is  therein  required  to  be  done,  as  the  case  may  render  just  and 
proper  in  the  opinion  of  said  Board ;  to  be  shown  by  the  official 
certificates  of  the  officer  having  such  order  to  serve,  then  service 
may  be  made  through  the  mail,  or  by  a  copy  left  at  the  residence 
or  place  of  business  of  the  person  sought  to  be  served,  with  a 
person  of  suitable  age  and  discretion,  and  the  expenses  attending 
the  execution  of  any  and  all  such  orders  respectively  shall  be  a  sev- 
eral and  joint  personal  charge  against  each  of  the  owners  or  part 
owners,  and  each  of  the  lessees  and  occupants  of  the  building, 
business,  place,  property,  matter  or  thing  to  which  said  order  re- 
lates, and  in  respect  of  which  said  expenses  were  incurred ;  and  also 

561 


against  every  person  or  body  who  was  by  law  or  contract  bound  to 
do  that  in  relation  to  such  business,  place,  street,  property,  matter, 
or  thing,  which  said  order  requires,  and  said  expenses  shall  also 
be  a  lien  on  all  rent,  compensation  due,  or  to  grow  due,  for  the 
use  of  any  place,  room,  building,  premises,  matter,  or  thing,  to  which 
said  order  relates,  and  in  respect  of  which,  said  expenses  were  in- 
curred; and  also,  a  lien  on  all  compensation  due  or  to  grow  due 
for  the  cleaning  of  any  street,  place,  ground,  or  thing,  or  for  the 
cleansing  or  removal  of  any  matter,  thing,  or  place,  the  failure 
to  do  which  by  the  party  bound  so  to  do,  or  the  doing  of  the  same 
in  whole  or  in  part  by  order  of  said  board,  was  the  cause  or  occa- 
sion of  any  such  order  or  expense.  Said  Board  of  Health,  its  as- 
signee, or  the  party  who  has,  under  its  order  or  that  of  the  Police 
Board,  acting  thereunder,  incurred  said  expense,  or  has  rendered 
service  for  which  payment  is  due,  and  as  the  rules  of  said  Board 
of  Health  may  provide,  may  institute  and  maintain  a  suit  against 
any  one  herein  declared  liable  for  expenses  as  aforesaid,  or  against 
any  person,  firm,  or  corporation,  owing,  or  who  may  owe,  such 
rent  or  compensation,  and  may  recover  the  expenses  so  incurred 
under  any  order  aforesaid.  And  only  one  or  more  of  such  parties 
liable  or  interested  may  be  made  parties  to  such  action  as  the 
board  may  elect;  but  the  parties  made  responsible  as  aforesaid  for 
such  expenses  shall  be  liable  to  contribute,  or  to  make  payment 
as  between  themselves,  in  respect  of  such  expenses  and  of  any  sum 
recovered  for  such  expenses  or  compensation,  or  by  any  party  paid 
on  account  thereof,  according  to  the  legal  or  equitable  obligation 
existing  between  them, 
Extraordinary  expenditures. 

Sec.  1177.  The  Department  of  Health  may  use,  in  compensation 
of  special  inspectors,  physicians,  and  nurses,  and  for  supplies  and 
contingencies,  such  sum,  not  exceeding  in  the  aggregate  eighty 
thousand  dollars,  in  excess  of  the  annual  appropriation,  as  may 
be  at  any  time  appropriated  by  the  Board  of  Estimate  and 
Apportionment  for  the  prevention  of  danger  from  contagious  or 
infectious  diseases  found  to  exist  in  said  City,  or  for  the  care  of 
persons  exposed  to  danger  from  contagious  or  infectious  diseases. 

562 


Declaration  of  imminent  peril. 

Sec.  1178.  In  the  presence  of  great  and  imminent  peril  to  the 
public  health  by  reason  of  impending  pestilence,  it  shall  be  the  duty 
of  the  Boardof  Health,  havingfirsttakenand filed  among  itsrecords 
what  it  shall  regard  as  sufficient  proof  to  authorize  its  declarationof 
such  peril,  and  having  duly  entered  the  same  in  its  records,  to  take 
such  measures,  and  to  do  and  order,  and  cause  to  be  done,  such  acts 
and  make  such  expenditures  (beyond  those  duly  estimated  for  or  pro- 
vided) for  the  preservation  of  the  public  health  (though  not  herein 
elsewhere  or  otherwise  authorized)  as  it  may  in  good  faith  declare 
the  public  safety  and  health  demand,  and  the  Mayor  shall  in  writ- 
ing approve.  But  the  exercise  of  this  extraordinary  power  shall 
also,  so  far  as  it  involves  such  excessive  expenditures,  require  the 
written  consent  of  at  least  three  members  of  the  Board  of  Health,  and 
the  approval  as  aforesaid  of  the  Mayor.  And  such  peril  shall  not  be 
deemed  to  exist  except  when,  and  for  such  period  of  time,  as  the 
Board  of  Health  and  Mayor  shall  declare. 

Bureaus. 

Sec.  1179.  There  shall  be  two  bureaus  in  the  Department  of 
Health.  The  chief  officer  of  one  bureau  shall  be  called  the  "sani- 
tary superintendent,"  who,  at  the  time  of  his  appointment,  shall  have 
been,  for  at  least  ten  years,  a  practising  physician,  and  for  three  years 

a  resident  of  the  City  of  New  York,  and  he  shall  be  the  chief  execu- 
tive officerof  said  Department.  The  chief  officer  of  the  second  bu- 
reau shall  be  called  the  "registrar  of  records;"  and  in  said  bureau 
shall  be  recorded,  without  fees,  every  birth,  marriage,  and  death,  and 
all  inquisitions  of  coroners,  which  shall  occur,  or  be  taken  within  the 
City  of  New  York.  But  in  cases  of  inquests,  where  the  jury  shall 
find  that  the  death  was  caused  by  negligence  or  malicious  injury, 
only  a  copy  of  the  record  need  be  filed  in  said  bureau. 

Offices  and  expenses. 

Sec.  1180.  The  Board  of  Health  may  fit  up  and  furnish  such 
offices    and    such    branch    offices    in    each    and    every   Borough 

563 


provided  for  the  Department  of  Health  in  accordance  with 
law,  as  the  convenience  of  the  Department,  its  officers,  agents, 
and  employees,  and  the  prudent  and  proper  discharge  of  the 
duties  of  the  Department  may  require;  and  may,  subject  to 
the  other  provisions  of  this  Act,  make  such  other  incidental 
and  additional  expenditures,  having  due  regard  to  economy,  as  the 
purposes  and  provisions  of  this  chapter,  and  the  dangers  to  life  and 
public  health  may  justify  or  require;  and  may  provide  that  any  fail- 
ure of  any  officer,  agent,  or  employee  of  the  Department  to  duly 
fulfil  his  engagemets  or  discharge  his  duty  shall  cause  a  forfeiture  of 
the  whole,  or  any  less  portion  of  the  salary  or  compensation  of  such 
officer,  agent,  or  employee,  as  the  rules  or  practice  of  the  Depart- 
ment may  provide. 

Borough  offices  to  be  maintained. 

Sec.  1181.  The  Board  of  Health  shall  establish  and  maintain  in 
the  Boroughs  of  Manhattan,  The  Bronx,  Brooklyn,  Queens,  and 
Richmond,  offices  wherein  the  business  and  duties  of  the  Depart- 
ment of  Health  shall  be  performed  and  discharged  under  its  rules, 
regulation  and  control.  To  this  end  the  Board  of  Health  shall  ap- 
point assistant  sanitary  superintendents,  and  assistant  registrars  of 
records,  one  of  each  of  such  officers  to  be  assigned  to  each  of  the 
five  Borough  offices  above  mentioned,  and  so  many 
of  the  other  officers,  clerks,  inspectors  and  subordinates 
allowed,  pursuant  to  this  chapter,  as  may  be  necessary  to 
conduct  and  transact  the  business  of  the  Health  Department,  in 
each  of  the  said  Boroughs.  In  such  Borough  offices,  the  Board  of 
Health  shall  preserve  the  records,  files,  reports  and  papers  be- 
longing and  pertaining  to  theBoroughsinwhichtheofficeislocated. 
In  the  general  office  of  the  Health  Department  in  the  Borough  of 
Manhattan,  shall  also  be  preserved  and  kept,  both  for  record  and  the 
use  of  the  Board  of  Health,  the  archives  of  the  Department  of  Health, 
and  all  the  records,  books,  reports,  files  and  papers  belonging  and 
pertaining  to  the  general  administration  of  the  Health  Depart- 
ment, and  the  business  and  transactions  of  the  Board  of  Health,  as 
well  as  those  which  belong  to,  and  have  special  reference  to,  the 
business  and  transactions,   and  the   discharge   of  the  duties  and 

564 


powers  of  the  Health  Department  in  the  Borough  of  Manhattan. 
The  Board  of  Health  may  likewise  establish  such  other  additional 
offices  as  it  shall  deem  necessary  for  the  proper  discharge  of  the 
duties  and  powers  of  the  Health  Department  in  the  several  Bor- 
oughs, with  such  force  as  may  be  essential  thereto  throughout 
the  City  as  constituted  by  this  Act,  but  shall  always  maintain  its 
chief  office  in  the  Borough  of  Manhattan. 

Delegation  of  powers. 

Sec.  1182.  The  Board  of  Health  may  from  time  to  time  dele- 
gate any  portion  of  its  powers  to  the  sanitary  superintendent  or  an 
assistant  sanitary  superintendent,  to  be  exercised  by  such  delegate 
for  the  time  and  in  the  manner,  and  to  the  extent  specified  in  such 
delegation  in  writing.  Provided,  however,  that  this  section  shall 
not  be  construed  in  restraint  of  the  general  power  of  the  Board 
of  Health  to  discharge  its  duties  through  any  and  all  of  its  ap- 
pointees. The  Department  of  Health  shall  have  a  secretary,  who 
shall  subject  to  the  direction  of  the  Board  of  Health,  keep  and 
authenticate  the  acts,  records,  papers  and  proceedings  of  the  De- 
partment of  Health,  preserve  its  books  and  papers,  conduct  its 
correspondence,  and  aid  generally  in  accomplishing  the  purposes 
of  this  chapter.  The  Board  of  Health  may  designate  a  clerk  to 
be  the  Chief  Clerk  of  the  Department,  and  a  clerk  in  each  of  the 
offices  of  the  five  Boroughs  above  mentioned,  to  be  an  Assistant 
Chief  Clerk,  who  may  perform  such  duties  of  the  Secretary  as 
shall  be  assigned  to  him ;  and  papers  certified  by  such  Chief 
Clerk  or  by  an  Assistant  Chief  Clerk  shall  be  of  the  same  effect 
as  evidence  and  otherwise  as  if  certified  by  the  Secretary. 

Duty  of  Sanitary  Superintendents. 

Sec.  1183.  It  shall  be  the  duty  of  the  sanitary  superintendent 
and  the  assistant  sanitary  superintendents,  as  each  may  be  directed, 
to  execute,  or  cause  to  be  executed,  the  orders  of  said  Depart- 
ment of  Health'  and  generally,  according  to  instructions,  to 
exercise  a  practical  supervision  in  respect  to  the  inspectors, 
agents,  and  persons  other  than  the  secretary,  and  Health  Com- 

565 


missioners,  and  as  to  the  members  of  the  police  force,  who  may 
exercise  any  authority  under  this  chapter;  and  said  officers  shall 
devote  their  services  to  the  aforesaid  purposes,  as  the  Board  of 
Health  may,  from  time  to  time  direct.  Each  such  superintendent 
shall  make  reports  weekly,  or  oftener,  if  directed  by  the  Board  of 
Health,  in  writing,  stating  generally  his  own  action  and  that  of  his 
subordinates,  and  the  condition  of  the  public  health  in  said  City,  or 
any  portion  thereof,  and  any  causes  endangering  life  or  health 
which  have  come  to  his  knowledge  during  that  period. 

Reports  of,  and  inspection. 

Sec  1184.  The  sanitary  superintendent,  the  assistant  sanitary 
superintendents,  the  sanitary  inspectors  and  the  officers  of  said 
department  may  visit  all  sick  persons,  who  shall  be  reported  to  the 
Department  of  Health  as  sick  of  any  contagious,  pestilential,  or  in- 
fectious disease  and  report  to  the  Department  of  Health,  in  writ- 
ing, his  or  their  opinion  of  their  sickness.  He,  or  they,  shall  visit 
and  inspect  all  vessels  coming  to  the  wharves,  landing  places,  or 
shores  of  said  City,  or  within  three  hundred  yards  thereof,  which 
are  suspected  of  having  on  board  any  infectious  or  contagious 
disease,  or  likely  to  communicate  the  disease  to  the  inhabitants 
of  said  City,  and  all  stores  and  places  within  said  City,  which  are 
suspected  to  contain  putrid  or  unsound  provisions  or  other 
articles  likely  to  communicate  disease  to  the  inhabitants,  and 
make  and  sign  a  report  in  writing,  stating  the  vessel,  stores,  places, 
and  articles  so  inspected  by  him  or  them,  and  the  nature,  state,  and 
situation  thereof,  and  his  or  their  opinion  in  relation  thereto,  as  to 
the  probability  of  disease  being  communicated  by  or  from  the  same, 
and  file  such  report  in  the  chief  office  of  the  Department  of  Health. 

Sanitary  Inspectors. 

Sec.  1185.  The  Board  or  Health  shall  appoint  and  commission 
at  least  fifty  sanitary  inspectors,  and  shall  have  power  to  appoint 
twenty  additional  sanitary  inspectors,  if  it  deems  that  number  nec- 
essary, and  from  time  to  time  to  prescribe  the  duties  and  salaries  of 
each  of  said  inspectors,  and  the  place  of  their  performance,  and 

566 


of  all  other  persons  exercising  any  authority  under  said  depart- 
ment, except  as  herein  specially  provided ;  but  thirty  of  such  inspec- 
tors shall  be  physicians  of  skill  and  of  practical  professional  experi- 
ence in  said  City.  The  additional  sanitary  inspectors  heretofore 
duly  appointed  and  commissioned,  either  in  New  York  City,  or 
in  the  City  of  Brooklyn,  may  be  included  among  the  sanitary  in- 
spectors mentioned  in  this  section,  and  may  continue  to  act  as  such 
without  re-appointment,  but  nothing  herein  contained  shall  curtail 
any  of  the  powers  vested  in  the  Department  of  Health  by  this  Act, 
and  the  number  of  sanitary  inspectors  for  whom  provision  is  made 
in  this  section  shall  be  exclusive  of  the  special  inspectors  for  whom 
provision  is  made  in  section  1186  and  elsewhere  in  this  Act.  All 
of  the  said  inspectors  shall  have  such  practical  knowledge  of  scien- 
tific or  sanitary  matters  as  qualify  them  for  the  duties  of  their  office. 
Each  of  such  inspectors  shall  once  in  each  week,  make  a  written 
report  to  said  department,  stating  what  duties  he  has  performed, 
and  where  he  has  performed  them,  and  also  such  facts  as  have 
come  to  his  knowledge  connected  with  the  purposes  of  this  chapter 
as  are  by  him  deemed  worthy  of  the  attention  of  said  department, 
or  such  as  its  regulations  may  require  of  him;  which  reports,  with 
the  other  reports  herein  elsewhere  mentioned,  shall  be  filed  among 
the  records  of  the  said  department. 

Sanitary  engineering  service. 

Sec.  1186.  The  Board  of  Health  may,  fiom  time  to  time 
engage  a  suitable  person  or  persons  to  render  sanitary  engineering 
service,  and  to  make  or  supervise  practical  and  scientific  sanitary 
investigations  and  examinations  in  the  City  requiring  engineering 
skill,  and  to  prepare  plans  and  reports  relative  thereto. 

Badges. 

Sec.  1187.  The  Board  of  Health  may  provide  a  badge  of  metal 
with  a  suitable  inscription  thereon,  and  direct  and  require  it  to  be 
worn,  in  a  position  to  be  designated,  by  any  person  or  officer  under 
the  authority  of  said  department,  at  such  times  and  under  such  cir- 
cumstances as  the  rules  and  by-laws  of  said  department  shall  direct. 

607 


Examinations  and  surveys. 

Sec.  1188.  The  members  of  the  Board  of  Health,  the  Health 
Commissioners,  the  sanitary  superintendent,  the  assistant  sanitary 
superintendents,  and  any  of  the  sanitary  inspectors,  and  such  other 
officer  or  person  as  may,  at  any  time,  be,  by  said  Board  of  Health 
authorized,  may,  without  fee  or  hindrance,  enter,  examine, and  sur- 
vey all  grounds,  erections,  vehicles,  structures,  apartments,  build- 
ings, and  every  part  thereof,  and  places  in  the  City,  in- 
cluding vessels  of  all  kinds  in  the  waters,  and  all  cellars, 
sewers,  passages  and  excavations  of  every  sort,  and  inspect 
the  safety  and  sanitary  condition,  and  make  plans,  drawings,  and  de- 
scriptions thereof,  according  to  the  order  or  regulations,  of  said  de- 
partment. Said  department  may  make  and  publish  a  report  of  the 
sanitary  condition,  and  the  result  of  the  inspection  of  any  place,  mat- 
ter, or  thing  in  the  City,  so  inspected,  or  otherwise,  as  aforesaid,  so 
far  as,  in  the  opinion  of  the  Board  of  Health,  such  publication  may 
be  useful. 

Proofs  and  affidavits. 

Sec. 1189.  Proofs, affidavits, and  examinations  as  to  any  matter 
under  this  chapter  may  be  taken  by  or  before  the  Board  of  Health 
or  other  person,  as  the  Board  of  Health  shall  authorize;  and  Com- 
missioners of  Health,  the  secretary,  the  sanitary  superintendent,  as- 
sistant sanitary  superintendents,  and  any  member  of  said  depart- 
ment shall,  severally,  have  authority  to  administer  oaths  in  such 
matters,  and  any  person  guilty  of  wilfully  answering  or  testifying 
falsely  therein  shall  incur  all  the  pains  and  penalties  of  perjury. 

Registrar  of  records. 

Sec.  1190.  The  Board  of  Health  shall  appoint  a  registrar  of 
records,  and  five  assistant  registrars  of  records,  of  whom  one  shall 
be  placed  and  have  his  office,  in  each  of  the  Borough  offices  of  the 
Health  Department,  and  there  discharge  the  duties  and  powers  of 
the  registrar  of  records,  so  far  as  the  same  shall  have  been  com- 
mitted to  him  by  the  Board  of  Health,  or  the  registrar  of  records, 
but  always  subject  to  the  direction  and  control  of  the  Board  of 
Health. 

568 


Id.:  and  payment  for  night  medical  service. 

Sec.  1191.  It  shall  be  the  duty  of  the  registrar  of  records  and 
each  assistant  registrar  of  records,  in  his  Borough,  and  where  his 
office  is  located,  to  ascertain  and  report  to  each  captain  of  the  police 
whether  any  physician  who  applies  for  registry,  as  willing  to  re- 
spond to  any  call  for  medical  attendance,  as  provided  in  this  Act, 
is  in  good  and  regular  standing,  and  to  transmit  to  such  captain 
a  certificate  thereof.  It  shall  be  the  duty  of  the  Department  of 
Health  to  pay  at  sight  the  fee  of  three  dollars  certified  to  be  due 
any  physician,  in  accordance  with  the  provisions  of  this  Act,  and 
to  enter  such  payment  in  a  book  provided  for  that  purpose,  and  to 
take  up  the  certificate,  issued  therefor. 

Suits  and  service  of  papers. 

Sec.  1992.  Said  Board  of  Health  may  sue  or  be  used  in  and  by 
the  proper  name  of  "The  Department  of  Health  of  the  City  of 
the  proper  name  of  "  The  Health  Department  of  the  City  of  New 
York,"  and  not  in  or  by  the  name  of  the  members  of  said  board,  or 
any  of  them;  and  service  of  all  process  in  suits  and  proceedings 
against  or  affecting  said  Board, and  other  papers  may  be  made  upon 
the  president  of  said  board,  or  upon  its  secretary,  and  not  otherwise ; 
except  that,  according  to  usual  practice  in  other  suits,  papers  in 
suit  to  which  said  Board  of  Health  is  a  party  may  be  served  on  the 
Corporation  Counsel  or  such  assistant  as  may  be  assigned  by  him  to 
the  Health  Department. 

Attorney, 

Sec.  1193.  The  Corporation  Counsel  shall  assign  such  as- 
sistant counsel  as  may  be  needful  to  the  Department  of  Health, 
as  provided  in  chapter  VII.  of  this  Act. 

Salaries. 

Sec.  1194.  The  annual  salaries  to  be  paid  to  persons  herein 
named,  aud  appointed  to  the  several  specified  positions,  shall,  from 
and  after  their  entrance  upon  their  duties,  be  as  follows,  and  such 
salaries  shall  be  in  full  for  all  services  rendered  by  them  to  the  city 
or  county  in  any  capacity  whatever: 

569 


To  the  president  of  the  Board  of  Health,  seven  thousand  five 
hundred  dollars. 

To  the  Commissioners,  other  than  the  president,  six  thousand 
dollars  each. 

To  the  sanitary  superintendent,  six  thousand  dollars. 

To  the  secretary,  five  thousand  dollars. 

To  the  assistant  sanitary  superintendents,  each  three  thousand 
five  hundred  dollars. 

To  the  registrar  of  records,  four  thousand  dollars. 

To  the  assistant  registrars  of  records,  each  three  thousand  dollars. 

To  the  Chief  Clerk  of  the  Department  of  Health,  three  thou- 
sand dollars ;  and  to  the  other'clerks  and  employees  regularly  em- 
ployed in  the  service  of  the  Department  the  salaries,  from  time 
to  time,  fixed  and  prescribed  for  them  and  their  offices  respec- 
tively, by  the  Board  of  Health. 

Id. :  and  no  fees. 

Sec.  1195.  No  salary  or  compensation  shall  be  paid  to,  or^fees 
demanded  by,  or  expenses  ordered  to  be  incurred  by  any  officer, 
department,  or  agent,  or  in  respect  to  any  service,  expenditure,  or 
employment  under  the  authority  of  any  health  law,  ordinance,  regu- 
lation, or  appointment  in  said  City,  unless  such  salary,  expendi- 
ture, employment,  fees  or  expense  shall  be  authorized  by  the  De- 
partment of  Health.  No  municipal  body,  or  other  authority,  shall 
create  any  office  or  employ  any  officer  or  agent, |[^or  incur  any 
expense  under  any  health  laws  or  ordinances,  or  in  respect  of  any 
matter  concerning  which  said  Health  Department  is  by  this  chap- 
ter given  control  or  jurisdiction. 

No  personal  liability. 

Sec.  1196.  No  member,  officer,  or  agents  of  said  Depart- 
ment of  Health,  and  no  person  or  persons  other  than  the  De- 
partment of  Health  or  the  City  itself  shall  be  used  or  held 
to  liability,  for  any  act  done  or  omitted  by  either  person 
aforesaid,  in  good  faith,  and  with  ordinary][discretion,  on  behalf 
of  or  under  said  Department,  or  pursuant  to  its  regulations, 
ordinances,  or  health  laws.     And  any  person  whose  property  may 

670 


have  been  unjustly  or  illegally  destroyed  or  injured,  pursuant  to  any 
order,  regulation,  or  ordinance,  or  action  of  said  Department  of 
Health  or  its  officers,  for  which  no  personal  liability  may  exist,  as 
aforesaid,  may  maintain  a  proper  action  against  the  City  for  the  re- 
covery of  the  proper  compensation  or  damage.  Every  such  suit 
must  be  brought  within  six  months  after  the  cause  of  action  arose, 
and  the  recovery  shall  be  limited  to  the  damages  suffered. 
Orders  of  the  board. 

Sec.  1197.  The  Board  of  Health,  if  it  shall  consider  the  public 
health  or  interests  so  to  require,  may  execute  orders  through  its 
own  officers  or  agents,  and  means  to  be  engaged  by  the  Board  of 
Health.  Whatever  expenses  said  Board  of  Health  may  lawfully 
and  properly  incur  in  the  execution  of  any  order,  resolution  or 
judgment  aforesaid,  or  in  executing,  or  in  connection  with  its  own 
orders,  made  in  good  faith,  or  in  and  about  the  discharge,  in  good 
faith,  of  its  duties,  or  in  satisfying  any  liability  or  judgment  it  may 
have  in  good  faith  incurred  or  suflfered  by  reason  of  its  acts,  done 
in  good  faith,  as  aforesaid,  or  in  satisfying  any  claim  against  its 
officers  or  subordinates,  arising  from  their  acts  in  the  discharge, 
in  good  faith,  of  their  respective  duties,  shall,  so  far  as  established, 
be  paid  out  of  the  fund  or  other  moneys  of  the  Department  of 
Health. 

Execution  may  be  compelled. 

Sec.  1198.  All  orders  duly  made  by  any  of  the  Departments 
of  Health,  or  Boards  of  Health,  or  health  and  sanitary  authorities 
or  officers,  to  which  said  department  succeeded,  and  by  their  terms 
or  necessary  legal  effect,  to  be  executed  in  the  City  of  New  York, 
may  be  executed,  and  the  execution  thereof  compelled,  and  the 
execution  of  such  of  them  as  are  partly  executed  may  be  com- 
pelled by  the  Department  of  Health;  and  the  said  orders  may  be 
severally  rescinded  or  modified  by  said  department,  with  like  effect, 
as  could  have  been  done  by  the  department.  Board  of  Health,  or 
sanitary  authority  existing  at  the  time  the  said  orders  were  severally 
made.  The  said  department  may  discharge  all  liens  upon  real 
estate  in  the  City  of  New  York,  created  by  any  Board  of  Health 

671 


or  sanitary  authorities  above  mentioned,  or  created  in  proceedings 
instituted  by  the  MetropoHtan  Board  of  Health,  or  the  Department 
of  Health,  which  succeeded  thereto,  in  the  same  manner  and  for 
the  same  causes  that,  by  laws  existing  January  first,  eighteen  hun- 
dred and  seventy,  they  could  be  discharged  by  the  Metropolitan 
Board  of  Health. 

Right  of  inspection. 

Sec.  1199.  It  is  hereby  made  the  duty  of  all  departments, 
officers,  and  agents,  having  the  control,  charge  or  custody  of  any 
public  structure,  work,  ground,  or  erection,  or  of  any  plan,  de- 
scription, outline,  drawing  or  charts  thereof,  or  relating  thereto, 
made,  kept,  or  controlled  under  any  public  authority,  to  permit 
and  facilitate  the  examination  and  inspection,  and  the  making  of 
copies  of  the  same  by  any  officer  or  person,  thereto,  by  said  De- 
partment of  Health  authorized. 

Complaint  book. 

Sec.  1200.  The  Board  of  Health  shall  cause  to  be  kept  a  gen- 
eral complaint  book,  or  several  such  books,  in  which  may  be  en- 
tered by  any  person,  in  good  faith,  any  complaints  of  a  sanitary 
nature  which  such  person  thinks  may  be  useful,  with  the  name  and 
residence  of  the  complainant,  and  may  give  the  names  of  the  person 
or  persons  complained  of,  and  the  date  of  the  entry  of  the  com- 
plaint, and  such  suggestions  of  any  remedy  as  may  in  good  faith 
be  thought  appropriate,  and  said  books  shall  be  open  to  all  reason- 
able public  examination,  regulated  in  all  respects  as  said  board 
may  deem  proper,  and  for  the  public  service  and  the  Board  of  Health 
shall  cause  the  facts  in  regard  to  such  complaints  to  be  investigated, 
and  the  appropriate  remedy  to  be  applied. 

Duties  of  owners,  lessees  and  occupants 

Sec.  1201.  It  is  hereby  declared  to  be  the  duty  of  every  owner 
and  part  owner  and  person  interested,  and  of  every  lessee,  tenant, 
and  occupant  of,  or  in  any  place,  water,  ground,  room,  stall,  apart- 
ment, building,  erection,  vessel,  vehicle,  matter,  and  thing  in  said 
City,  and  of  every  person  conducting  or  interested  in  business  there- 

572 


in,  or  thereat,  and  of  every  person  who  has  undertaken  to  clean  any 
place,  ground,  or  street  therein,  and  of  every  person,  public  officer, 
and  department  having  charge  of  any  ground,  place,  building,  or 
erection  therein,  to  keep,  place,  and  preserve  the  same  and  every 
part,  and  the  sewerage,  drainage,  and  ventilation  thereof  in  such 
condition,  and  to  conduct  the  same  in  such  manner,  that  it  shall 
not  be  a  nuisance,  or  be  dangerous  or  prejudicial  to  life  or  health. 

Police  department  assistance. 

Sec.  1202.  It  shall  be  the  duty  of  the  Police  Department,  and 
of  its  officers  and  men,  as  said  department  shall  direct,  to  promptly 
advise  the  Department  of  Health  of  all  threatening  dangers  to  hu- 
man life  or  health,  and  of  all  matters  thought  to  demand  its  atten- 
tion, and  to  regularly  report  to  said  Board  of  Health  all  violations 

of  its  rules,  and  of  sanitary  ordinances,  and  of  the  health  laws,  and  all 
useful  sanitaryinformation.  And  said  last  named  departmentsshall, 
as  far  as  practicable  and  appropriate, co-operate  forthepromotionof 
the  public  health,  and  the  safety  of  human  life,  in  the  city.  And  it 
shall  be  the  duty  of  the  Police  Department  and  the  Police  Board,  by 
and  through  its  proper  officers,  agents  and  men,  to  faithfully,  and  at 
the  proper  time,  enforce  and  execute  the  sanitary  rules  and  regula- 
tions, and  the  orders  of  said  Board  of  Health,  made  pursuant  to  tHe 
power  of  said  Board  of  Health,  upon  the  same  being  received  in 
writing  and  duly  authenticated,  as  said  Board  of  Health  may  direct. 
And  said  Police  Board  is  authorized  to  employ  appropriate  per- 
sons and  means,  and  to  make  the  necessary  and  appropriate  expendi- 
tures, for  the  execution  and  enforcement  of  said  rules,  orders,  and 
regulations;  and  such  expenditures,  so  far  as  the  same  may  not  be 
refunded  or  compensated  by  the  means  herein  elsewhere  provided, 
shall  be  paid  as  the  other  expenses  of  said  Board  of  Health  are  paid. 
And  in  and  about  the  execution  of  any  order  of  the  Board  of  Health 
or  of  the  Police  Board,  made  pursuant  thereto,  police  officers  and 
policemen  shall  have  as  ample  power  and  authority,  as  when  obey- 
ing any  order  of  or  law  applicable  to  the  Police  Board,  or  as  if  acting 
under  a  special  warrant  of  a  justice  or  judge,  duly  issued,  but  for 
their  conduct  shall  be  responsible  to  the  Police  Board  and  not  to 
the  Board  of  Health. 

573 


Coroner's  returns. 

Sec.  1203.    The  Department  of  Health  may  from  time  to  time 
fix  and  define  the  time  of  making,  and  the  form  of  returns  and  re- 
ports to  be  made  to  said  department  by  the  coroners  of  the  City 
of  New  York,  in  all  cases  of  post-mortem  inquests,  or  viewing  of 
dead  bodies  held  by  them  or  any  of  them;  and  the  said  coroners 
are  hereby  required  to  conform  to  the  directions  of  said  department 
in  the  premises,  and  it  shall  be  the  duty  of  every  coroner  at  once, 
and  before  holding  any  inquest,  upon  being  called  upon  to  hold  an 
inquest  as  aforesaid,  or  notified  thereof,  to  immediately  transmit  and 
cause    to    be    delivered    to    the    secretary    of    said    Department 
of   Health    written    notice    of   the    fact    of    such    call,    in    which 
shall  be  stated  every  particular  then  known  to  said  coroner  as  to 
said  call,  the  body,  the  place  where  it  is,  and  the  reported  cause  of 
death.     If  at  any  time  said  department,  or  the  sanitary  superin- 
tendent, shall  deem  the  protection  of  the  public  health  to  demand,  it 
may,  so  soon  as  the  coroner's  jury  or  physician  may  have  viewed 
the  dead  body,  and  an  autopsy  thereof  shall  have  been   made, 
provided  the  coroner  deems  the  same  necessary,  order  the  im- 
mediate burial  of  any  dead  body,  or  if  he  or  it  deems  that  the 
public  health  demands  an  immediate  removal  of  said  body  from 
the  place  of  death  to  another  place  for  inquest,  may  likewise  at 
any  time  order  said  removal,  and  shall  have  power  to  cause  said 
orders  to  be  obeyed  and  executed. 

Removal  of  dead  bodies. 

Sec.  1204.  It  shall  be  the  duty  of  the  Department  of  Health  to 
grant  a  permit  for  the  removal  of  the  body  of  any  deceased  person 
from  the  City,  which  has  not  been  buried,  upon  receiving  a  certifi- 
cate of  the  death  of  said  person,  made  in  accordance  with  its  rules. 
It  may  grant  a  permit  for  the  removal  of  the  remains  of  any  person 
interred  within  the  City  to  a  place  without  the  same,  on  the  appli- 
cation of  a  relative  or  friend  of  such  person,  when  there  shall  ap- 
pear to  be  no  just  objection  to  the  same. 

Remoxml  of  night  soil  and  offal. 

Sec.  1205.  The  Board  of  Health  shall  have  full  and  exclusive 
power  and  authority  over  the  removal  of  night  soil,  and  in  the 

574 


removal  of  dead  animals,  offal,  night  soil,  blood,  bones,  tainted  or 
impure  meats,  and  other  refuse  matter  from  said  City.  It  is  hereby 
charged  with  the  duty  of  causing  the  removal  of  the  same  daily,  or 
as  often  as  may  be  necessary,  and  of  keeping  the  said  City  clean 
from  all  matter  of  nuisance  of  a  similar  kind.  The  department, 
bureau,  or  City  officer  of  authority  or  authorities  who  shall  from 
time  to  time  have  the  management  and  control  of  the  public  docks, 
piers,  and  slips  in  said  City,  may,  with  the  consent  of  the  Commis- 
sioners of  the  Sinking  Fund,  designate  and  set  apart  for  the  use  of 
the  Department  of  Health  of  said  City,  suitable  and  sufficient  slips, 
docks,  piers  and  berths  in  slips,  located  as  the  said  Department  of 
Health  may  require,  and  such  as  should  be  convenient  and  neces- 
sary for  its  use  in  executing  the  duty  hereby  imposed  upon  said 
Department  of  Health,  excepting  the  slips,  docks,  and  piers  on  the 
East  river  set  apart  for  the  use  of  canal  boats. 

Contracts  for  do  ,  do.,  do. 

Sec.  1206.  The  Board  of  Health  is  authorized  to  make  con- 
tracts with  any  responsible  person  or  persons  for  the  removal  of 
said  offal,  dead  animals,  night  soil,  and  other  refuse  matter  from 
the  City  of  New  York,  and  to  require  and  receive  security  in  such 
form  and  amount  as  the  said  board  may  approve,  for  the  faithful 
performance  by  the  person  or  persons  aforesaid,  to  whom  such 
contracts  may  by  the  said  Board  of  Health,  be  in  its  discretion, 
awarded,  of  all  and  each  of  the  provisions  of  such  contracts  on  his 
or  their  part.  The  place  or  places  of  reception  and  deposit  of,  and  to 
which  such  offal,  dead  animals,  night  soil,  and  other  refuse  matter 
may  be  conveyed,  may,  from  time  to  time  be  designated,  and  may  be 
ordered  changed  by  the  Board  of  Health. 

As  to  rags,  hides  and  skins. 

Sec.  1207.  No  rags,  hides  or  skms,  arriving  in  the  port  of  New 
York,  shall  be  deposited  in  any  part  of  the  City  within  which  the 
Department  of  Health  shall  have  prohibited  the  packing  or  un- 
packing of  salted  provisions,  and  all  such  articles  brought  into  the 
City  contrary  to  the  above  provisions  may  be  seized  and  sold  by  the 

575 


Board  of  Health.  The  Department  of  Health  may,  however, 
permit  sound  hides  and  skins  to  be  brought  into  any  part  of  the 
City,  in  small  quantities,  and  for  the  purpose  of  immediate  manu- 
facture, but  not  otherwise. 

Unsound  cotton. 

Sec.  1208.  It  shall  be  the  duty  ofithe  master  and  owner  of 
every  vessel  that  shall  have  brought  cotton  into  the  City,  between 
the  first  day  of  May  and  the  first  day  of  November  in  any  year,  and 
of  the  owner  and  consignee  of  such  cotton,  if  upon  examination  it 
shall  appear  damaged,  or  otherwise  unsound,  to  make  an  immediate 
report  thereof  to  the  Board  of  Health.  Every  master,  or  owner,  or 
consignee  refusing  or  neglecting  to  perform  the  duties  so  enjoined, 
shall,  for  each  oflfense,  forfeit  to  the  Board  of  Health  the  sum  of  five 
hundred  dollars,  to  be  recovered  in  a  civil  action  by  said  board. 

Unsound  articles ^  or  deposited  contrary  to  orders. 

Sec.  1209.  All  salted,  smoked,  preserved  or  pickled  provis- 
ions, and  all  hides,  skins  and  cotton  that  may  be  kept  or  deposited 
in  those  parts  of  the  City  wherein  the  Board  of  Health  shall  pro- 
hibit the  keeping,  preparation,  packing  or  repacking  thereof,  at  the 
time  or  times  when  such  prohibition  shall  be  made,  shall  be  reported 
forthwith,  by  the  owner  or  person  having  charge  thereof,  to  the 
Health  Department,  that  the  same  may  be  examined,  and,  if  neces- 
sary, destroyed  or  removed.  If  such  articles,  when  ordered  by  the 
Board  of  Health  to  be  removed  or  destroyed,  shall  not  be  forth- 
with removed  and  the  order  obeyed  by  the  owner  or  person  having 
charge  thereof,  the  sanitary  superintendent  shall  cause  them  to  be 
removed  to  some  safe  place,  there  to  remain  at  the  risk  of  the 
owner,  or,  if  so  ordered,  may  destroy  the  same. 

Putrid  cargoes  may  be  destroyed. 

Sec.  1210.  The  Board  of  Health,  when  it  shall  judge  it 
necessary,  may  cause  any  cargo,  or  part  of  cargo,  or  any  matter,  or 
any  thing  within  the  City  that  may  be  putrid  or  otherwise  dangerous 
to  the  public  health,  to  be  destroyed  or  removed;  such  removal, 
when  ordered,  shall  be  to  the  place  of  deposit  of  ofTal,  dead  animals, 

576 


and  refuse  matter,  or  such  other  place  as  the  Board  of  Health  shall 
direct;  such  removal  or  destruction  shall  be  made  at  the  expense  of 
the  owner  or  owners  of  the  property  so  removed  or  destroyed,  and 
the  same  may  be  recovered  from  such  owner  or  owners,  in  an  action 
at  law,  by  said  Board  of  Health. 

Penalties  for  disobedience . 

Sec.  1211.  Every  person  who  shall  refuse  or  neglect  to  obey 
the  directions  of  the  preceding  sections,  or  of  the  Board  of  Health 
pursuant  thereto,  in  relation  to  provisions,  putrid,  and  other  offen- 
sive articles  therein  mentioned,  shall  be  considered  guilty  of  a  mis- 
demeanor, and,  on  conviction,  shall  be  subject  to  fine  and  imprison- 
ment, or  both,  at  the  discretion  of  the  court.  Such  fine  shall  not  ex- 
ceed one  thousand  dollars,  and  such  imprisonment  shall  not  exceed 
two  years. 

Offensive  trades. 

Sec.  1212.  It  shall  not  be  lawful  for  any  person  or  persons,  in 
corporated  or  unincorporated,  to  carry  on,  establish,  prosecute,  or 
continue,  within  the  City  of  New  York,  the  occupation,  or  trade,  or 
business  of  bone  boiling,  bone  burning,  bone  grinding,  horse 
skinning,  cow  skinning,  or  skinning  of  dead  animals,  or  the  boiling 
of  offal,  and  any  such  establishment  or  establishments,  or  place  of 
such  business  existing  within  said  City,  shall  be  forthwith  removed 
out  of  said  City,  and  such  trade,  occupation,  or  business  shall  be 
forthwith  abated  and  discontinued,  provided  that  nothing  in  this  sec- 
tion contained  shall  apply  to  the  slaughtering  or  dressing  of  animals 
for  sale  in  said  City.  It  shall  be  the  duty  of  the  Board  of  Health  to 
ascertain  whether  any  such  trade  or  business  is  carried  on,  or  con- 
tinued, or  established,  within  the  limits  aforesaid,  and  to  make  and 
cause  an  order  to  be  served,  in  the  same  manner  as  other  orders  of 
said  department  are  made  and  served,  directing  the  discontinuance  of 
said  trade  or  business,  and  the  removal  of  all  offensive  or  unwhole- 
some materials  or  things  appertaining  to  said  trade  or  business. 

577 


Filling  in  lands. 

Sec.  1213.  It  shall  not  be  lawful  for  any  person  or  persons,  in 
corporated  or  unincorporated,  to  fill  in  any  land  under  or  above 
water,  within  the  limits  of  the  City  of  New  York,  or  on  any  of  the 
islands  situated  within  said  limits  and  under  the  jurisdiction  of  said 
City,  or  any  portion  thereof,  with  garbage,  dead  animals,  decaying 
matter,  or  any  offensive  and  unwholsome  material,  or  with  dirt,  ashes, 
or  other  refuse,  when  mixed  with  such  garbage,  dead  animals,  or 
portions  thereof,  decaying  matter,  or  offensive  and  unwholesome 
material.  Any  person  or  persons  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  cxjnvic- 
tion  thereof,  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding  six  months,  or  both.  The 
Board  of  Health  is  hereby  empowered  to  institute  prosecutions  and 
suits  for  penalties  for  the  violation  of  the  provisions  of  this  section 
and  this  Act. 

Yards  and  cellars. 

Sec.  1214.  The  Board  of  Health  shall  have  full  power  and 
authority  to  make  such  by-laws  and  ordinances  as  said  Board  shall, 
from  time  to  time,  deem  necessary  and  proper,  for  the  filling,  drain- 
ing, and  regulating  of  any  grounds,  yards,  or  cellars,  within  the  City, 
that  may  be  sunken,  damp  or  unwholesome,  or  which  it  may  deem 
proper  to  fill,  drain,  raise,  lower,  or  regulate;  and  also,  for 
causing  all  such  lots  of  ground  in  the  City  adjoining  the  Hudson 
River,  or  the  East  River,  or  Long  Island  Sound,  as  it  may,  from  time 
to  time,  think  proper,  to  be  filled  with  wholesome  earth  or  other  solid 
materials,  so  far  into  the  said  rivers  respectively  as  said  board  shall, 
from  time  to  time,  deem  expedient  for  promoting  the  health  of  the 
said  City;  and  for  filling  or  altering  or  amending  all  sinks  and 
privies  within  the  said  City,  and  for  directing  the  mode  of  construct- 
ing them  in  future,  and  for  causing  subterraneous  drains  to  be  made 
from  the  same,  when  said  board  may  think  it  necessary. 

Drainage  and  maps. 

Sec.  1215.  Whenever  in  the  opinion  of  the  Board  of  Health  the 
protection  of  the  public  health  requires  the  drainage  of  any  lands  in 

578 


the  City,  by  means  other  than  sewers,  the  said  Board  may  make  an 
order  describing  the  location  of  such  lands,  and  directing  the  proper 
drainage  thereof,  and  construction  of  drains  therefor,  by  the 
commissioner  or  commissioners  of  the  department  of  said  City  hav- 
ing jurisdiction  to  construct  sewers  in  that  part  of  City  where 
such  drainage  is  so  required.  The  Board  of  Health  shall  thereupon 
cause  a  map  to  be  made,  whereon  shall  be  shown  the  location  of 
such  proposed  drains,  and  the  lands  required  for  the  construction 

thereof.  Such  order  shall  be  entered  at  length  in  the  records  of  such 
Department  of  Health,  aud  such  map  shall  be  filed  in  said 
department ;  a  copy  thereof  shall  be  filed  in  the  office  of  the 
register  of  The  City  of  New  York.  The  Board  of  Health  shall 
cause  another  copy  of  said  map,  together  with  a  copy  of  such 
order,  to  be  delivered  to  the  commissioner  or  commissioners  of 
the  department  of  said  City,  who  shall,  by  such  order  be  required 
to  construct  such  drains,  and  the  said  commissioner  or  commis- 
sioners of  said  department  with  whom  a  copy  of  the  said  map 
and  order  shall  be  so  filed,  shall  immediately  thereafter  have 
the  power,  and  said  department  is  hereby  directed  to  make  and 
adopt  proper  and  suitable  plans  for  the  construction  of  such 
drains. 

Acquisition  of  rii^hts  in  lands. 

Sec.  1216.  It  shall  be  the  duty  of  such  department,  upon  the 
receipt  of  such  map  and  order,  and  immediately  after  it  has  made 
and  adopted  suitable  plans  for  such  drains, through  theCorporation 
Counsel  to  said  City,  to  take  immediate  and  proper  proceedings  for 
the  acquirement  of  a  right  of  way  over,  under,  or  through  the  lands 
shown  upon  said  map  to  be  necessary  for  such  drains,  and  it  shall 
be  the  duty  of  such  Corporation  Counsel  immediately  to  take  such 
proceedings  and  conduct  them  to  a  speedy  determination. 

Id.: proceedings  therein. 

Sec.  1217.  The  right  of  way  over,  under  or  through  the  lands 
so  required  for  such  drains  shall  be  taken  and  acquired  in  the  man- 
ner required  by  law  for  acquiring  title  to  lands  in  said  City  to  be 
used  as  public  streets.    Provided,  however,  that  the  time  or  times 

579 


provided  in  such  law  for  the  giving  or  publication  of  any  notice 
shall  for  the  purposes  of  this  section,  be  reduced  one-half,  and  the 
time  for  the  sitting  of  the  Commissioners  of  Estimate  and  Assess- 
ment to  hear  objections  to  their  report  is,  for  the  purposes  of  this 
Act,  hereby  made  two  days  in  the  place  of  ten  days.  Any  maps, 
plans  or  surveys,  that  may  be  required  for  the  use  of  the  Commis- 
sioners of  Estimate  and  Assessment  to  be  appointed  in  such  pro- 
ceeding, shall  be  furnished  by  the  department  charged  with  the  con- 
struction of  the  drains  and  shall  be  prepared  and  made  by  surveyors 
in  the  regular  and  stated  employment  of  such  department;  neither 
the  expense  of  such  surveys,  nor  any  other  expenses  other  than  the 
fees  of  the  Commissioners  of  Estimate  and  Assessment,  attending 
the  proceeding,  and  their  necessary  disbursements  for  clerical  ser- 
vices in  carrying  out  the  provisions  of  this  section,  which  clerical 
expenses  shall  not  exceed  the  sum  of  two  hundred  and  fifty  dollars, 
and  also  for  advertising,  printing,  or  posting  and  notices  required 
by  law,  and  for  any  other  necessary  incidental  expense  a  sum,  not 
exceeding  one  hundred  dollars,  shall  be  included  in  the  assessment 
that  may  be  made  by  such  Commissioners  of  Estimate  and  Assess- 
ment. The  Corporation  Counsel  shall  not  be  entitled  to  any  com- 
pensation for  services  to  be  rendered  by  him  in  such  proceeding 
other  than  his  stated  salary.  The  commissioners  shall  each  be 
entitled  to  receive  the  following  rates  as  compensation  for  their 
services  in  full:  Where  the  drain  to  be  constructed  is  five  hundred 
feet  or  under  in  length,  the  sum  of  twenty-five  dollars;  where  the 
drain  exceeds  five  hundred  feet  in  length,  twenty-five  dollars,  and  in 
addition  thereto  five  cents  per  foot  for  each  running  foot  of  drain 
in  excess  of  five  hundred  feet,  but  the  compensation  of  each  com- 
missioner shall  in  no  case  exceed  two  hundred  and  fifty  dollars. 

Id.:  confirmition  of  report  of  commissioners,  constrtictioti  and  taxation. 

Sec.  1218.  Upon  the  confirmation  of  the  report  of  the  Com- 
missioners of  Estimate  and  Assessment  by  the  court,  the  commis- 
sioner of  the  department  in  said  City  having  the  charge  of  the  con- 
struction of  such  drains,  as  herein  proposed,  shall  have  the  power, 
and  he  is  hereby  directed  to  immediately  make  and  construct  said 

580 


drains.  The  necessary  cost  of  such  drains,  together  with  necessary 
expenses  of  levying  the  assessment  therefor,  shall  be  levied,  assessed 
and  collected,  as  provided  by  section  179  of  this  Act. 

Measures  to  prevent  the  spread  of  disease. 

Sec.  1219.      It  shall  be  the  duty  of  the  Board  of  Health : 

1.  To  cause  any  avenue,  street,  alley,  or  other  passage 
whatever  to  be  fenced  up  or  otherwise  inclose^  if  it  shall 
deem  the  public  safety  requires  it,  and  to  adopt  suitable 
measures  for  preventing  all  persons  from  going  to  any  part 
of  the  City  so  inclosed. 

2.  To  forbid  all  communication  with  the  house  or  family 
infected  with  any  contagious,  infectious,  or  pestilential  dis- 
ease except  by  means  of  physicians,  nurses,  or  messengers 
to  carry  the  necessary  advice,  medicines,  and  provisions  to 
the  afflicted. 

3.  To  adopt  such  means  for  preventing  all  communica- 
tion between  any  part  of  the  City  infected  with  a  disease  of  a 
pestilential,  infectious,  or  contagious  character  and  all  other 
parts  of  the  City,  as  shall  be  prompt  and  effectual. 

Id. :  proclamation. 

Sec.  1220.  The  Board  of  Health  may  issue  a  proclamation 
declaring  any  place  where  there  shall  be  reason  to  believe  a  pes- 
tilential, contagious  or  infectious  disease  actually  exists,  to  be  an 
infected  place  within  the  meaning  of  the  Health  Laws  of  this  State. 
Such  proclamation  shall  fix  the  period  when  it  shall  cease  to  have 
effect ;  but  such  period,  if  the  said  board  shall  judge  the  public  health 
to  require  it,  may  from  time  to  time  be  extended  by  the  Board  of 
Health,  and  notice  of  such  extension  shall  be  published  in  one  or 
more  of  the  newspapers  of  this  City.  The  Board  of  Health  may 
in  its  discretion  prohibit  or  regulate  the  internal  intercourse  by 
land  or  water  between  the  City  of  New  York  and  such  infected 
place;  and  may  direct  that  all  persons  who  shall  come  into  the  Gty 
contrary  to  its  prohibition  or  regulations,  shall  be  apprehended 

581 


and  conveyed  to  the  vessel  or  place  whence  they  last  came;  or,  if 
sick,  that  they  be  conveyed  to  such  place  as  the  said  board  shall 
direct.  After  such  proclamation  shall  have  been  issued,  all  vessels 
arriving  in  the  port  of  New  York  from  such  infected  place  shall 
be  subject  to  a  quarantine  of  at  least  thirty  days  or  until  the  period 
when  such  proclamation  shall  cease  to  have  effect  as  provided  by 
the  last  preceding  section,  and  shall,  together  with  their  officers, 
crews,  passengers,  and  cargoes,  be  subject  to  all  the  provisions, 
regulations,  and  penalties  in  relation  to  vessels  subject  to  quaran- 
tine. 

Vessels  removed. 

Sec.  1221.  The  Board  of  Health  shall  also  possess  and  may 
exercise  the  following  powers: 

1,  By  order  to  direct  any  vessel  lying  at  a  place  within  three 
hundred  yards  of  any  wharf,  landing  place,  or  shore  of  said  City, 
and  from  which  said  board  shall  deem  it  probable  that  any  infectious 
or  contagious  disease  may  be  brought  into  said  city,  or  communi- 
cated to  the  inhabitants  thereof,  to  be  removed  to  the  distance  of  at 
least  three  hundred  yards  from  any  wharf,  landing  place,  or  shore 
of  said  City,  within  six  hours  after  a  copy  of  such  order,  certified 
by  the  secretary  of  said  department,  shall  be  delivered  to  the  per- 
son or  persons  having  command  of  such  vessel,  or  to  the  master, 
owner  or  consignee  thereof;  and  every  such  person  or  persons, 
master,  owner,  or  consignee  to  whom  such  copy  of  such  order  shztll 
be  delivered  shall  forthwith  comply  with  the  same. 

2.  By  order  to  direct  to  be  removed  to  a  place  to  be  designated 
by  the  Board  of  Health,  all  things  within  the  City,  which,  in  its 
opinion,  shall  be  infected  in  any  manner  likely  to  communicate 
disease  to  the  inhabitants. 

Violation  of  orders,  punishment  for. 

Sec.  1222.  Every  person  who  shall  violate,  or  neglect,  or  re- 
fuse to  comply  with  any  provision  contained  in  any  of  the  preceding 
sections,  or  in  the  orders  made  by  the  Board  of  Health,  in  pursu- 
ance thereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 

582 


conviction  thereof,  shall  be  punished  by  a  fine  not  exceeding  two 
hundred  and  fifty  dollars,  or  imprisonment  not  exceeding  six 
months,  or  both;  and  all  such  fines  when  collected  shall  be  paid 
to  the  Comptroller.  Any  violation  of  the  Sanitary  Code  shall  be 
treated  and  punished  as  a  misdemeanor,  and  the  offender  shall 
also  be  liable  to  pay  a  penalty  of  fifty  dollars,  to  be  recovered  in  a 
civil  action  in  the  name  of  the  Department  of  Health  of  the  City 
of  New  York. 

Separate  receptacles  for  ashes  and  garbage. 

J  Sec.  1 223.  The  Board  of  Health  shall  cause  to  be  enforced  the 
provisions  of  the  Sanitary  Code  requirmg  that  separate  receptacles  be 
provided  for  ashes  and  rubbish,  and  for  garbage  and  liquid  sub- 
stances, and  forbidding  that  they  be  placed  or  kept  in  the  same 
receptacle,  and  requiring  the  streets  and  sidewalks  to  be  kept  free 
from  incumbrance  by  such  receptacles,  except  at  such  times  as  may 
be  designated  by  the  Commissioner  of  Street  Cleaning,  for  the  col- 
lection of  their  contents ;  and  for  the  violation  of  any  of  the  said  pro- 
visions of  said  code,  both  the  owners  and  occupants  of  all  houses 
in  the  City  shall  be  severally  responsible  and  subject  to  the  penalties 
and  prosecutions  imposed  by  said  code,  and  all  other  provisions 
of  said  code  and  of  the  City  ordinances  relative  to  the  cleanliness  of 
the  streets;  and  the  Board  of  Health  is  empowered  to  in- 
stitute prosecutions  and  suits  for  penalties  for  the  violation  of  any 
such  provisions. 

Service  of  orders. 

Sec. 51224.  Service  of  any  order  of  said  Board  of  Health  shall 
be  deemed  sufficient,  if  made  upon  a  principal  person  interested  in 
or  upon  a  principal  officer  charged  with  duty  in  respect  of  the 
business,  property,  matter,  or  thing,  or  the  nuisance  or  abuse  to 
which  said  order  relates;  or  upon  a  person,  officer,  or  department, 
or  one  of  the  department  who  may  be  most  interested  in  or  aflfected 
by  its  execution.  If  said  order  relate  to  any  building  or  the  drain- 
age, sewerage,  cleaning,  purification,  or  ventilation  thereof,  or  of 
any  lot  or  ground  on  or  in  which  such  building  stands,  used  for,  or 
intended  to  be  rented  as,  the  residence  or  lodging-place  of  several 

583 


persons,  or  as  a  tenement-house  or  lodging-house,  service  of  such 
order  on  the  agent  of  am^  person  or  persons  for  the  renting  of  such 
building,  lot,  or  ground,  or  for  the  collecting  of  the  rent  thereof,  or 
of  the  parts  thereof  to  which  said  order  may  relate,  shall  be  of  the 
same  effect  and  validity  as  due  service  made  upon  the  principal  of 
such  agent,  and  upon  the  owners,  lessees,  tenants,  occupants  of 
such  buildings,  or  parts  thereof,  or  of  the  subject-matter  to  which  such 
order  relates. 

Vaccination. 

Sec.  1225,  For  the  purpose  of  more  effectuallypreventing  the 
spread  of  smallpox  by  the  thorough  and  systematic  vaccination  of 
all  unvaccinated  persons,  and  for  the  relief  of  persons  suffering  with 
diphtheria  and  other  infectious  diseases,  residing  in  said  City, 
the  Board  of  Health  is  hereby  empowered  to  continue  or  or- 
ganize a  corps  of  vaccinators  and  of  physicians,  within  and 
subject  to  the  control  of  the  Bureau  of  Sanitary  Inspection,  to  ap- 
point the  necessary  officers,  keep  suitable  records,  collect  and  pre- 
serve pure  vaccine  lymp  or  virus,  and  produce  diphtheria  anti- 
toxine  and  other  antitoxines,  and  add  to  the  Sanitary  Code  such  ad- 
ditional provisions  as  will  most  effectually  secure  the  end  in  view. 
Said  Board  of  Health  may  take  measures,  and  supply  agents 
and  offer  inducements  and  facilities  for  general  and  gratuitous  vac- 
cination, disinfection,  and  for  the  use  of  diphtheria  antitoxine,  and 
other  antitoxines,  and  may  afford  relief  to  and  among  the  poor  of 
said  City  as  in  its  opinion  the  protection  of  the  public  health  may 
require. 

Sale  of  lymph  and  antitoxine. 

Sec.  1226.  Wheneverthe  amount  of  vaccine  lymph,  orviruscol- 
lected  by  the  said  corps,  or  of  diphtheria  antitoxine,  and  other  anti- 
toxines produced,  shall  exceed  the  amount  required  in  the  proper 
performance  of  its  duties,  the  said  Board  of  Health  may 
authorize  the  sale  of  such  surplus  lymph  or  virus,  and  diphtheria 
antitoxine,  and  other  antitoxines  at  reasonable  rates,  to  be  fixed  by 
the  Board  of  Health.     The  avails  of  such  lymph  or  virus,  and 

584 


diphtheria  antitoxine,  and  other  antitoxines,  shall  be  accounted  for 
and  paid  to  the  Chamberlain,  and  shall  be  set  apart  and  constitute 
distinct  funds,  to  be  known  respectively  as  "the  fund  for  gratuitous 
vaccination,"  and  "the  antitoxine  fund,"  and  they  shall  be  subject 
to  the  requisition  of  the  Board  of  Health  for  the  purposes  named  in 
the  preceding  section. 

Driving  and  si  lughtering  cattle,  sheep,  swine,  pigs  or  calves  regulated. 

Sec.  1227.  It  shall  not  be  lawful  to  drive  any  cattle, 
sheep,  swine,  pigs  or  calves  through  the  streets  or  avenues 
of  The  City  of  New  York,  or  any  of  them,  except  at  such 
times  and  in  such  manner  as  provided  in  the  Sanitary  Code, 
or  as  the  Board  of  Health  may,  by  ordinance,  prescribe, 
nor  shall  it  be  lawful  to  slaughter  any  cattle,  sheep,  swine, 
pigs  or  calves  in  The  City  of  New  York,  excepting  in  buildings 
located  upon  the  water  front,  and  so  constructed  as  to  receive 
all  stock  delivered  thereat  from  boats,  cars  or  transports  and  to 
secure  the  proper  care  and  disposition  of  all  parts  of  the 
slaughtered  animals  upon  the  premises  or  the  immediate  removal 
thereof  by  means  of  boats  and  under  the  provisions  of  the  Sani- 
tary Code  and  the  authority  and  regulations  of  the  Department 
of  Health.  The  Board  of  Health  may  revoke  or  suspend  the 
permit  of  any  one  who  shall  conduct  said  business  of  slaughter- 
ing cattle,  sheep,  swine,  pigs  or  calves  in  violation  of  law  and 
the  rules  and  regulations  of  the  Department  of  Health.  No  fat, 
hides,  hoofs,  or  entrails,  or  other  refuse  parts  of  slaughtered  animals 
shall  be  transported  in  said  streets  except  under  and  pursuant  to 
the  terms  of  a  permit  in  writing  from  the  Board  of  Health ;  nor 
shall  any  buildings  be  erected  or  converted  into  or  used]  as  a 
slaughter  house  until  the  plans  thereof  have  been  duly  submitted 
to  the  Board  of  Health,  and  approved  in  writing  by  the  said 
Board. 

Extension  of  proclamation  period. 

Sec.  1228.  Whenever  it  shall  appear  to  the  Board  of  Health 
that  any  of  the  provisions  of  this  title,  limited  in  their  operations 
to  a  certain  period  of  the  year,  or  designated  periods  of  time,  ought 
to  be  extended,  the  said  Board  of  Health  shall  issue  its  proclama- 

585 


tion  extending  such  provisions  to  such  a  time  as  shall  be  deter- 
mined on,  and  such  provisions  shall  thereupon  be  extended  accord- 
ingly and  with  the  like  efifect  as  if  the  periods  mentioned  in  such 
proclamation,  had  been  originally  herein  enacted.  If  it  shall  appear 
to  the  Board  of  Health  while  such  proclamation  is  still  in  force,  that 
the  necessity  of  extending  the  period  therein  named  has  ceased,  the 
Board  of  Health,  by  a  new  proclamation  declaring  that  fact,  may 
revoke  the  proclamation  issued  pursuant  to  this  section,  which  shall 
then  cease  to  have  effect. 

Definitions.  i 

Sec.  1229.  The  word  nuisance,  as  used  in  this  act,  shall  be  held 
to  embrace  public  nuisance,  as  known  at  common  law,  or  in  equity 
jurisprudence  ;  and  it  is  further  enacted  thatwhateveris  dangerous 
to  human  life  or  detrimental  to  health;  whatever  building  or  erec- 
tion, or  part  or  cellar  thereof,  is  overcrowded  with  oc- 
cupants, or  is  not  provided  with  adequate  ingress 
and  egress  to  and  from  the  same,  or  the  apartments  thereof,  or  is 
not  sufficiently  supported,  ventilated,  sewered,  drained,  cleaned  or 
lighted,  in  reference  to  their  or  its  intended  or  actual  use;  and 
whatever  renders  the  air,  or  human  food  or  drink,  unwholesome, 
are  also,  severally  in  contemplation  of  this  Act,  nuisances;  and  all 
such  nuisances  are  hereby  declared  illegal;  and  each  and  all  persons 
and  corporations  who  created  or  contributed  thereto,  or  who  may 
support,  continue  or  maintain  or  retain  them,  or  any  of  them,  shall 
be  jointly  and  severally  liable  for,  or  toward,  the  expense  of  the 
abatement  and  remedying  of  the  same ;  but  as  between  themselves, 
any  such  persons  and  corporations,  may  enforce  contribution  or 
collect  expenses,  according  to  any  legal  or  equitable  relations  ex- 
isting between  them;  but  nothing  herein  contained  shall  annul  or  de- 
feat any  common  law  liability  or  responsibility  in  respect  of  nuis- 
ances. Whenever  the  words  "place,  matter,  or  thing,"  or  either 
two  of  said  words,  are  used  in  this  Act,  or  in  titles  one,  four  and 
five  of  this  chapter,  they  shall,  unless  the  sense  plainly  requires  a 
diflferent  construction,  be  construed  to  include  whatever  is  embraced 
in  the  enumeration  with  which  they  are  connected. 

586 


Title  2. 
marriages,  births  and  deaths. 

Persons  solemenizing  marriages  to  keep  a  registry. 

Sec.  1236.  It  shall  be  the  duty  of  the  clergymen/magistrates, 
and  other  persons  who  perform  the  marriage  ceremony  in  the  City 
of  New  York,  to  keep  a  registry  of  the  marriages  celebrated  by 
them,  which  shall  contain,  as  near  as  the  same  can  be  ascertained, 
the  name  and  surname  of  the  parties  married;  the  residence,  age, 
and  condition  of  each;  whether  single  or  widowed. 

Births  to  be  reported. 

Sec.  1237.  It  shall  be  the  duty,  of  the  parents  of  any  child  born 
in  said  City  (and  if  there  be  no  parent  alive  that  has  made  such  re- 
port, then  of  the  next  of  kin  of  such  child  born),  and  of  every  per- 
son present  at  such  birth,  within  ten  days  after  such  birth,  to  report 
to  the  Department  of  Health  in  writing,  so  far  as  known,  the  date, 
Borough,  and  street  number  of  said  birth,  and  the  sex  and  color  of 
such  child  born,  and  the  names  of  the  parents.  It  shall  also  be  the 
duty  of  physicians  and  professional  midwives  to  keep  a  registry  of 
the  several  births  in  which  they  have  assisted  professionally,  which 
shall  contain,  as  near  as  the  same  can  be  ascertained,  the  time  of 
such  birth,  name,  sex,  and  color  of  the  child,  the  names  and  resi- 
dence of  parents,  and  to  report  the  same  Avithin  ten  days  to  the 
Department  of  Health. 

Deaths  to  be  reported. 

Sec.  1238.  It  shall  be  the  duty  of  the  next  of  kin  of  any  person 
deceased,  and  of  each  person  being  with  such  deceased  person  at 
his  or  her  death,  and  of  the  persons  occupying  or  living  in  any^house 
or  premises  in  or  on  which  any  person  may  die,  to  report,  in  writ- 
ing, to  the  Department  of  Health,  within  five  days  after  such  death, 
the  age,  color,  nativity,  last  occupation,  and  cause  of  death  of  such 
deceased  person,  and  the  Borough  and  street,  the  place  of  such 
person's  death,  and  last  residence.  Physicians  who  have  attended 
deceased  persons  in  their  last  illness  shall,  in  the  certificate  of  the 
decease  of  such  persons,  specify,  as  near  as  the  same  can  be  ascer- 

587 


tained,  the  name  and  surname,  age,  occupation,  term  of  residence 
in  said  City,  place  of  nativity,  condition  of  life ;  whether  single,  mar- 
ried, widow,  or  widower;  color,  last  place  of  residence,  and  direct 
and  indirect  cause  of  death  of  such  deceased  persons,  and  the  cor- 
oners of  the  City,  in  such  cases  as  an  inquest  may  have  been  held, 
shall,  in  their  certificates,  conform  to  the  requirements  of  this 
section. 

Penalty  for  failure  to  report  marriages  and  births  to  the  Department  of 
Health. 

Sec.  1239.  For  every  omission  of  any  person  to  make  and  keep 
the  registry  of  marriages  and  births  required  by  the  preceding  sec- 
tions, and  for  every  omission  to  report  a  written  copy  of  the  same 
to  said  Department  of  Health,  within  ten  days  after  any  birth  or 
marriage  provided  to  be  registered,  and  for  every  omission  to  make 
the  report  of  any  death,  birth,  or  marriage,  the  person  guilty  of 
such  omission  shall  be  guilty  of  a  misdemeanor;  and,  in  addition 
thereto,  the  offender  shall  also  be  liable  to  pay  a  fine  of  one  hun- 
dred dollars,  to  be  recovered  in  the  name  of  the  Department 
of  Health,  of  the  City  of  New  York,  before  any  jus- 
tice or  tribunal  in  said  City  having  jurisdiction  of  civil 
actions.  But  no  person  shall  be  liable  for  such  fine,  or  subject 
to  arrest  and  imprisonment  for  not  making  the  report  herein  re- 
quired, if  an  excuse  is  presented  to  the  Board  of  Health  for  such 
omission,  which  the  said  board  shall  decide  to  be  sufficient,  in  which 
event  the  said  Board  of  Health  is  hereby  empowered  to  excuse  the 
said  omission. 

Record  of  Births,  marriages  and  deaths. 

Sec.  1240.  The  Department  of  Health  shall  keep  a  record  of 
the  births,  marriages,  and  deaths  reported  to  it;  the  births  shall  be 
numbered  and  recorded  in  the  order  in  which  they  are  received  by 
it;  and  the  record  of  births  shall  state,  in  separate  columns,  the 
place  9nd  date  of  birth,  the  name,  sex,  and  color  of  the  child,  the 
names  and  residence  of  the  parents,  as  fully  as  they  have  been  re- 
ceived, and  the  time  when  the  record  was  made.    The  marriages 

588 


shall  be  numbered  and  recorded  in  the  order  in  which  they  are  re- 
ceived by  the  department;  and  the  record  thereof  shall  state,  in 
separate  columns,  the  date  of  marriage,  name,  residence,  and  offi- 
cial station,  if  any,  of  the  persons,  by  whom  married,  the  names 
and  surnames  of  the  parties,  age,  the  color  and  condition  of  each; 
whether  single  or  widowed,  and  the  time  when  the  record  was 
made.  The  deaths  shall  be  likewise  numbered  and  recorded;  and 
the  record  thereof  shall  state,  in  separate  columns,  as  far  as  the 
same  is  reported,  the  date  of  decease,  name  and  surname,  condition, 
whether  single,  married  or  widowed,  age,  place  of  birth,  place  of 
death,  occupation,  names  of  the  parents  when  an  infant  without 
name ;  disease,  direct  or  indirect  cause  of  death,  color,  and  last  place 
of  residence  of  such  deceased  person,  and  the  time  when  the  record 
was  made.  Said  department  shall  perform  all  the  duties  of  this 
section  imposed,  as  a  part  of  its  regular  duties,  and  no  fees  shall  be 
demanded  or  received  by  reason  thereof. 

Registration  of  births  not  previously  recorded. 

Sec.  1241.   Thebirthsof  the  children  of  actual  residents  of  the 
City  of  New  York,  which  may  have  occurred  during  the  temporary 
absence  of  the  parents  of  such  children  from  the  City  of  New  York, 
and  the  births  of  children  which  failed  to  be  recorded  through  the 
neglect  of  the  physician  or  other  medical  attendant  present  at  such 
birth,  may  be  recorded  in  the  Bureau  of  Records  of  the  Health 
Department  of  said  City,  in  a  special  book,  to  be  kept  for  such 
purpose,  upon  the  application  in  such  behalf  by  the  parents  or 
guardians  of  such  children.      Such  application  shall  be  made  to 
the  Board  of  Health,  and  shall  be  accompanied  by  a  certificate 
of  the  physician   or  midwife    attending   professionally  at  such 
birth ;   and  personally  cognizant  thereof,  together  with  the  affi- 
davit of  at  least  two  citizens,  certifying  to  their  knowledge  of 
the  facts,  and  that  the  physician  or  midwife  making  such  certi- 
cate  of  birth  is  a  reputable  person  in  good  standing  in  the  com- 
munity in  which  he  or  she  may  reside.      No  change  or  alteration 
shall,  at  any  time,  be  made  in  any  of  the  records  of  the  said 
Bureau  of  Records  in  said  City,  without  proof  satisfactory  to  and 
upon  the  approval  of  the  said  Board  of  Health.      Transcripts  of 

589 


any  record  in  said  Bureau  of  Records  may  be  given, |in  the^dis- 
cretion  of  the  Department  of  Health,  to  a  parent  or  the  next  of 
kin  of  any  person  ■  authorized  to  apply  for  the  same,  but  no 
transcripts  of  false  or  fraudulent  returns  made  to  the  said  bureau, 
nor  of  the  entries  thereof,  shall  be  given :  and  they  shall  be 
canceled  upon  due  proof  of  the  facts  to  the  Department  of 
Health.  Transcripts  of  these  records  when  required  shall  be  on 
such  forms  as  the  Board  of  Health  may  prescribe,  and  for  them 
the  usual  fees  for  copies  of  Records  may  be  received. 


Title  3. 
duties  of  physicians  and  others. 

Report  of  pestilential,  infectious  and  contagious  aiseases.     DeatJu. 

Section  1247.  It  shall  be  the  duty  of  each  and  every  prac- 
tising physician  in  the  City  of  New  York : 

1.  Whenever  required  by  the  Department  of  Health  to  report 
to  said  department,  at  such  times,  in  such  forms  as  said  department 

■  may  prescribe,  the  number  of  persons  attacked  with  any  pestilen- 
tial, contagious,  infectious  disease  attended  by  such  physi- 
cian for  the  twenty-four  hours  next  preceding,  stating  the  name  of 
such  patient  and  the  name  and  place  where  he  shall  then  be;  and 
the  number  of  persons  attended  by  such  physician,  who  shall  have 
died  in  said  City,  during  the  twenty-four  hours  next  preceding  such 
report,  of  any  such  pestilential,  contagious  or  infectious  disease. 

2.  To  report,  in  writing,  to  the  said  Department  every  patient 
he  shall  have  laboring  under  any  pestilential,  contagious,  or  infec- 
tious disease,  and  within  twenty-four  hours  after  he  shall  ascertain 
or  suspect  the  nature  of  the  disease. 

3.  To  report  to  the  said  Department  when  required  by  it,  the 
death  of  any  of  his  patients  who  shall  have  died  of  disease  within 
twenty-four  hours  thereafter,  and  to  state  in  such  report  the  specific 
name  and  type  of  such  disease. 

590 


Affidavit  may  be  required. 

Sec.  1248.  The  Department  of  Health  may  require  of  any 
physician  not  less  than  three  hours  after  service  of  a  demand 
thereof  upon  him,  an  affidavit,  stating  therein  whether  he  has  or 
has  not  any  patient,  who,  in  his  opinion,  shall  then  be  sick  of  a 
pestilential,  contagious,  or  infectious  disease,  and  if  he  has  any 
such  patient,  to  state  in  such  affidavit  his  or  her  name,  and  the 
house  or  place  in  said  City  where  he  or  she  shall  then  be,  and  the 
nature  or  name  of  such  disease,  to  the  best  of  his  knowledge  and 
belief. 

Penalty  for  failing  to  report. 

Sec.  1249.  Every  practising  physician  who  shall  refuse  or  neg- 
lect to  perform  the  duties  enjoined  on  him  by  the  foregoing  section 
shall  be  considered  guilty  of  a  misdemeanor,  and  shall  also  forfeit 
for  each  offense  the  sum  of  two  hundred  and  fifty  dollars,  to  be  sued 
for  and  recovered  by  the  Department  of  Health.  It  shall  be  the 
duty  of  each  visiting,  hospital,  and  consulting  physician,  to  make 
an  immediate  report  to  the  Department  of  Health  of  the  name  of 
every  practising  physician  by  whom  he  shall  have  reason  to  believe 
the  provisions  of  said  section  have  been  violated;  and  if  such  physi- 
cian shall  neglect  or  refuse  to  perform  his  duty,  the  department 
shall  order  him  to  be  suspended  from  any  office  he  may  hold,  and 
he  shall,  moreover,  be  liable  to  such  further  penalty  and  to  such 
prosecution  for  his  violation  of  this  law  and  of  his  duty  as  the  Board 
of  Health  shall  determine. 

Boarding  and  lodging-house  keepers  may  be  required  to  report ^ 

Sec.  1250.  Every  person  keeping  a  boarding  or  lodging-house 
in  the  City,  shall,  whenever  required  by  the  Department  of  Health, 
report,  in  writing,  to  the  department  the  name  of  every  person  who 
shall  be  sick  in  his  house  within  twelve  hours  after  each  case  of 
sickness  shall  have  occurred. 

Masters^  <?/„.,  of  vessels  to  report. 

^^^Sec.  1251.    Every  master,  owner  or  consignee  of  a  vessel  lying 
at  a  wharf,  or  in  the  harbor  of  the  City  of  New  York,  shall  make  a 

591 


like  report,  and  within  the  same  period,  of  the  name  of  every  sick 
person  on  board  of  such  vessel;  and  no  person  shall  be  removed 
therefrom  without  a  written  permit  for  that  purpose  from  the 
Department  of  Health. 


Title  4. 

LEGAL    PROCEEDINGS    AND      PUNISHMENT      FOR   DISOBEDIENCE    OF  ORDERS 

AND    ORDINANCES  : 

Order  for  examination  before  Justice  of  Supreme  Court. 

Section  1257.    Any  Justice  of  the  Supreme  Court  of  the  first  or 
second  department,  or  who  is  holding  court  or  chambers  therein, 
upon  the  written  application  of  the  Board  of  Health,  may  issue  his 
order  by  him  subscribed,  for  the  examination  without  unreasonable 
delay  by  or  before  such  justice  of  any  person  or  persons,  and  the 
production  of  books  or  papers,  or  the  inspection  and  taking  of 
copies  of  the  whole  or  parts  thereof,  at  a  time  and  place  within  said 
city,  and  in  said  order  to  be  named ;  and  it  shall  be  the  duty  of  such 
justice  to  take  or  superintend  such  examination,  which  shall  be  un- 
der oath,  and  shall  be  signed  by  the  party  or  parties  examined,  and 
belcertified  by  said  Justice,  and  with  any  copies  of  books  or  papers, 
to  be  delivered  to  said  Health  Department  for  the  use  of  said  de- 
partment.    And  such  examination,  and  any  proceeding  connected 
therewith,  or  under  said  order,  may  wholly  or  in  part  be  had,  con- 
ducted orcontinued  by  or  beforejanyotherof  said  Justices,  as  well  as 
that  one  who  made  said  order;  and  in  and  about  the  same,  every 
such  Justice  shall  have  as  full  power  and  authority  to  punish  for 
contempt,  and  enforce  obedience  to  his  said  or  other  order  or  direc- 
tions respecting  the  matter  aforesaid  (or  that  of  any  other  judge),  as 
any  such  Justice  of  the  Supreme  Court  may  now  have,  or  shall  pos 
sess,  to  enforce  obedience  or  punish  contempt  in  any  case  or  matter 
whatever.    Such  application  shall  name  or  describe  the  person  or 
persons  whose  examination  is  sought,  and  so  far  as  possible  the 
books   or   papers   desired   to   be    inspected,    and    the    matters    or 

692 


points  affecting  life  or  health  as  to  which  the  Board  of  Health 
requests  the  examination  tojake  place,  and  the  Justice  shall,  on 
the  proceedings,  decide  what  questions  are  pertinent  and  allowalSle 
in  respect  thereto,  and  shall  require  the  same  to  be  properly 
answered;  but  no  answer  of  any  person  so  examined  shall  be  used 
in  any  criminal  proceeding.  Service  of  any  order  of  any  such  Justice 
may  be  made,  and  the  same  proved  in  the  same  manner  as  the  ser- 
vice of  either  an  injunction  or  of  a  subpoena.  And  it  shall  be  the 
duty  of  said  Justices  to  facilitate  the  early  determination  of  the 
aforesaid  proceedings. 

Appearance  and  examination  of  tvitnesses. 

Sec.  1258.  Upon  the  application  of  any  party  in  interest  in  any 
matter  pending  examination  before  said  Department  of  Health,  by 
affidavit,  stating  the  grounds  of  such  application,  to  any  judge  of  a 
court  of  record,  and  asking  that  any  person  or  persons  therein 
named  shall  appear  before  said  Department  of  Health,  or  any  per- 
son taking  or  about  to  take  such  examination,  at  some  time  or 
times  and  place  to  be  stated  in  the  said  affidavit,  it  shall  be  the  duty 
of  such  judge,  if  he  shall  discover  reasonable  cause  so  to  do,  to  issue 
his  order  requiring  such  person  or  persons  named  to  appear  and 
submit  to  such  examination  as,  and  to  the  extent,  such  order  may 
state,  at  the  time  and  place  to  be  in  said  order  named;  and  such 
order,  signed  by  such  judge,  may  be  served,  and  shall  in  all 
respects  be  obeyed  as  a  subpoena  duly  issued;  and  a  refusal  to  sub- 
mit to  the  proper  examination  may  be  punished  by  such  judge  or 
by  any  judge  of  such  court  as  a  contempt  of  court,  upon  the  facts 
as  to  such  refusal  being  brought  before  any  such  judge  by  affidavit. 

The  Health  Department  as  party  plaintiff  and  defendant. 

Sec.  1259.  Inallactionsandproceedingsheretoforecommenced 
and  now  pending,  against  either  of  the  cities  of  New  York,  Brook- 
lyn or  Long  Island  City  or  the  town  authorities  and  public  officers 
in  Kings,  Richmond  counties  and  the  part  of  Queens  county, 
now  to  form  a  part  of  the  City  of  New  York,  or  against  the 
Department   of    Health,  Board    of    Health    or   sanitary    officers 

593 


in  any  part  of  said  territory,  in  which  any  action,  order,  regula- 
tion, ordinance  or  proceeding  of  ahy  of  the  Health  Departments, 
Boards  of  Health  or  sanitary  officers  thereof,  is  called  in  question 
or  made  the  subject  of  the  action  or  proceeding,  the  Department 
of  Health  of  the  City  of  New  York  shall  have  the  right  to 
appear,  answer  and  take  part ;  and  in  all  such  actions  and  pro- 
ceedings hereafter  commenced  the  said  Health  Department  shall 
be  a  necessary  party,  and  have  the  right  to  appear  and  to  take 
part  therein.  The  said  department  may  institute  and  maintain 
all  suits  and  proceedings  which  are  reasonable,  necessary  and 
proper,  to  carry  out  the  provisions  of  the  laws  under  which  the 
said  department  acts,  and  may  sue  and  be  sued  by  the  proper 
name   of   the  Department  of   Health  of  the  City  of   New  York. 

Injunctions  when  not  to  be  granted  against  department. 

Sec.  1260.  No  preliminary  injunction  shall  be  granted  against 
the  Department  of  Health,  or  its  officers,  except  by  the  Supreme 
Court,  at  a  special  or  general  term  thereof  after  service  of  at  least 
eight  days'  notice  of  a  motion  for  such  injunction,  together  with 
copies  of  the  papers  on  which  the  motion  for  such  injunction,  is  to 
be  made.  Whenever  said  department  shall  seek  any  provisional 
remedy,  or  shall  prosecute  any  appeal,  it  shall  not  be  necessary  be- 
fore obtaining  or  prosecuting  the  same  to  give  any  undertaking. 

Proceedings  presumed  legal. 

Sec.  1261.  In  all  judicial  proceedings  the  actions,  proceedings, 
authority,  and  orders  of  said  department  shall  at  all  times  be  re- 
garded as  in  their  nature  judicial,  and  be  treated  as  prima  facie  just 
and  legal.  In  any  suit,  the  right  of  said  department  or  the  Police 
Department  to  make  any  order,  or  cause  the  execution  thereof, 
shall  be  presumed. 

Violation  of  department  orders^  actions  for. 

Sec.  1262.  Whoever shalliviolate  any  provisions'ofthis  chapter, 
or  any  order  of  said  department  made  under  the  authority  of  the 
same,  or  by  any  by-law  or  ordinance  therein  referred  to,  or  shall  ob- 
struct or  interfere  with  any  person  in  the  execution  of  any  order  of 
said  department,  or  any  order  of  the  Police  Department  in  pursu- 

594 


ance  or  execution  of  the  orders  of  the  Department  of  Health,  or  wil- 
fully omit  to  obey  any  such  order,  shall  be  guilty  of  a  misdemeanor, 
and  be  liable  to  be  indicted  and  punished  for  such  offense;  and  in 
cases  where  it  was  made  a  misdemeanor  to  do  or  omit  any  act  or 
thing,  when  any  power  or  authority  hereby  conferred  upon  the  Board 
of  Health  or  Department  of  Health,  was  exercised  by  any  other  board 
of  Health,  or  officers,  the  omission  or  doing  of  such,  or  a  correspond- 
ing act  or  thing,  which  this  chapter  requires,  or  contemplates  to  be 
done  or  forbids,  shall  in  like  manner  be  a  misdemeanor,  and  the 
offender  shall  be  liable  to  indictment  and  punishment  for  the  same. 
A  wilful  omission  or  refusal  of  any  individual,  corporation,  or  body 
to  conform  to  any  regulation  of  said  department  duly  made  for  the 
protection  of  life  or  the  care,  promotion,  or  preservation  of  health, 
or  the  carrying  out  of  the  purposes  of  this  chapter,  pursuant  to  its 
power  or  authority,  shall  be  a  misdemeanor,  and  the  person  or 
officers  guilty  thereof  shall  be  liable  to  indictment  and  punishment 
as  for  a  misdemeanor.  All  prosecutions  and  proceedings  against 
any  person  for  misdemeanor  under  this  chapter  may  be  had  or  tried 
before  any  judge  or  tribunal  having  jurisdiction  of  any  misde- 
meanor within  said  City.  Any  person,  corporation,  or  body  which 
may  have  wilfully  done  or  omitted  any  act  or  thing  which  is,  in 
this  chapter,  or  by  any  law  or  ordinance,  or  the  Sanitary  Code 
referred  to,  declared  to  be,  or  to  subject  the  party  guilty  thereof  to 
punishment  for  a  misdemeanor,  shall,  in  addition  thereto,  be  subject 
to  a  penalty  of  two  hundred  and  fifty  dollars,  to  be  sued  for  and  re- 
covered by  said  department  in  any  civil  tribunal  in  said  City.  Where 
in  any  case  the  minimum  penalty  for  a  refusal  to  obey,  or  for  a  vio- 
lation of  any  order,  regulation,  or  ordinance  of  said  Department  of 
Health,  or  any  law,  is  not  fixed,  the  amount  recovered  in  such  case 
shall  not  be  less  than  twenty  dollars,  and  the  judge  or  justice  who 
presided  at  a  trial  where  such  penalty  is  claimed  shall,  on  said  trial, 
in  writing,  fix  the  amount,  not  contrary  to  said  provisions,  of  saiH 
penalty  to  be  recovered,  and  shall  direct  such  amount  so  fixed  to 
be,  and  it  shall  be  included  in  the  judgment.  Any  such  suits  may 
be  against  one  or  more,  or  all  of  those  who  participate  in  the 

595 


act,  refusals,  or  omissions  complained  of,  and  the  recovery  may  be 
against  one  or  more  or  those  joined  in  the  action  as  the  justice  of 
the  court  shall  direct.  The  provisions  of  this  section  as  to  the  juris- 
diction of  tribunals,  parties,  and  costs  shall  apply  to  all  suits  by  said 
department  or  its  assignee,  or  the  assignees  of  the  Police  Depart- 
ment under  this  chapter.  All  processes  and  papers  usual  or  neces- 
sary in  the  commencement  and  prosecution  of  actions,  or  for  the 
collection  of  money  in  suits  or  proceedings  under  this  chapter,  on 
execution,  may  be  served  by  any  policeman,  and  in  and  about  such 
matters  the  policeman  so  engaged  shall  have  all  the  powers  of  mar- 
shals, and  no  fees  shall  be  charged  by  any  court,  magistrate,  or 
clerk  for  the  issue  of  any  paper  or  process,  or  the  performance  of 
any  duty  in  suits  under  this  chapter.  Any  civil  action  brought  under 
or  by  authority  of  this  chapter  may  be  brought  in  any  court  in  said 
City,  having  jurisdiction  in  any  civil  action  to  an  amount  as  large 
as  is  demanded  in  such  action;  and  if  judgment  be  rendered  for  the 
plaintiff  in  any  amount,  costs  of  the  court  in  which  action  is  brought 
shall  also  be  recovered,  without  reference  to  the  amount  of  tlie  re- 
covery, provided  payment  was  demanded  before  suit  brought,  and 
the  defendant  or  defendants  in  the  action  against  whom  the  recovery 
is  had,  did  not,  as  the  Code  of  Civil  Procedure  authorizes,  offer  to 
pay  an  amount  equal  to  the  recovery  against  him  or  them,  except 
that  in  cases  where  the  recovery  shall  be  less  than  fifty  dollars,  the 
amount  of  costs  shall  be  ten  dollars ;  and  in  case  no  recovery  is  had, 
the  plaintiffs  shall  not  pay  costs  unless  the  judge  or  justice,  at  the 
conclusion  of  the  trial,  shall  certify  in  writing  that  there  was  not 
reasonable  cause  for  bringing  the  action,  and  in  such  case  the  costs 
shall  not  exceed  ten  dollars,  unless  the  amount  claimed  exceeded 
fifty  dollars.  No  action  shall  abate,  or  right  of  action  already  ac- 
crued be  abolished,  by  reason  of  the  expiration,  repeal  or  amend- 
ment of  an  ordinance,  code  or  sanitary  ordinances,  or  regulation  of 
said  department;  nor  shall  any  court  lose  jurisdiction  of  any  action  by 
reason  of  a  plea  that  title  to  real  estate  is  involved,  provided  the  de- 
fendant is  sought  by  the  pleadings  to  be  charged  in  said  action  on 
any  of  the  grounds  mentioned  in  this  chapter,  other  than  by  virtue 

596 


of  ownership  of  such  real  estate.  In  respect  to  all  proofs  and  pro- 
ceedings by  said  department,  or  its  agents  or  officers,  under  this 
chapter,  papers  filed  shall  be  deemed  entered  upon  or  in  the  min- 
utes of  the  department. 

Arrests  for  violation  of  rules. 

Sec.  1263.  The  Board  of  Health  having  first  entered  on  the 
minutes  of  Department  of  Health,  or  filed  in  its  records,  what  it 
may  regard  as  adequate  proof  of  a  violation  or  resistance  by  any 
persons  in  said  City,  of  any  law,  or  ordinance,  the  authority  re- 
lating to  which  is  given  to  said  department,  or  of  any  order  made 
by  said  board  or  said  department,  may  order,  by  warrant,  under  its 
seal  and  attested  by  the  signature  of  its  secretary,  and  indicating,  as 
far  as  conveniently  practicable,  the  time,  place  and  nature  of  the 
offense  committed,  the  arrest  of  any  such  person,  and  such  order 
of  arrest  shall  be  of  the  same  effect  and  shall  be  executed  as  a  war- 
rant from  a  justice  or  judge,  duly  issued;  and  the  party  arrested 
shall  be  taken  before  a  magistrate,  and  thereupon  and  thereafter 
shall,  by  all  officers,  be  treated  as  being,  and  have  the  rights  and 
liability  of  a  party  under  arrest  by  order  of  the  proper  officer  or 
tribunal,  for  a  misdemeanor,  of  the  nature  indicated  in  said  order 
of  arrest. 

Id.:  By  Jiiember  of  police  force  or  officer  of  Department  of  Health. 

Sec.  1264.  Any  member  of  the  police  force,  and  everyinspector 
or  officer  of  said  Department  of  Health,  as  the  regulations  of  either 
of  said  departments  may  respectively  provide  relative  to  its  own 
subordinates,  may  arrest  any  person  who  shall,  in  view  of  such 
member  or  officer,  violate,  or  do,  or  be  engaged  in  doing  or  com- 
mitting in  said  City,  any  act  or  thing  forbidden  by  this  chapter,  or 
by  any  law  or  ordinance,  the  authority  conferred  by  which  is  given 
to  said  Department  of  Health,  or  who  shall,  in  such  presence,  resist 
or  be  engaged  in  resisting  the  enforcement  of  any  of  the  orders  of 
said  Department  or  of  the  Police  Department  pursuant  thereto. 
And  any  person  so  arrested  shall  be  thereafter  treated  and  disposed 
of  as  any  other  person  duly  arrested  for  a  misdemeanor. 

597 


Id.:  upon  complaint  of  magistrate,  trials,  fines,  etc. 

Sec.  1265.  Uponthecomplaintof  anycitizenortheCity,against 
any  person  for  violation  of  any  rule,  sanitary  regulation,  ordinance, 
or  order,  made  to  any  magistrate  having  jurisdiction  in  criminal 
cases,  such  magistrate  shall  order  the  arrest  of  any  person 
against  whom  such  complaint  is  made,  as  in  any  other  case 
of  a  criminal  offense,  and  by  his  warrant  may  require  any 
policeman  or  constable  to  make  such  arrest,  and  may,  after  such 
arrest,  proceed  summarily  to  try  such  person  for  such  alleged  of- 
fense; but  no  such  trial  shall  be  had  on  any  arrest  made  in  the 
City,  without  sufficient  notice  thereof  being  first  given  to  the  Depart- 
ment of  Health.  And  upon  an  application  in  behalf  of  said  Depart- 
ment, made  before  the  trial  is  commenced,  the  trial  of  such  person, 
together  with  the  papers,  shall  be  remitted  to  the  Court  of  Special 
Sessions,  upon  which  court  jurisdiction  to  try  such  persons  is  hereby 
conferred;  but  the  right  of  any  person  to  elect  to  be  tried  before  a 
jury,  as  it  may  now  exist,  is  not  affected  by  anything  herein  con- 
tained. If  such  person  shall,  upon  such  trial,  be  found  guilty,  he  or 
she  may  be  punished  in  the  same  manner  as  is  provided  for  the 
punishment  of  persons  found  guilty  of  a  misdemeanor.  Reports  of 
all  such  trials,  and  of  fines  imposed  for  violations  of  this  chapter, 
or  the  Sanitary  Code,  shall  be  made  monthly  to  said  depart- 
ment, by  the  justices  before  whom  trials  are  had.  But  nothing 
in  this  section  contained  shall  be  construed  as  in  any  manner 
limiting  any  powers,  penalty,  and  punishment  in  this  chapter 
elsewhere  conferred. 

False  returns   and  deceptive  reports,  how  punished. 

Sec.  1266.  If  any  person  shall  knowingly  make  to  said  Depart- 
ment of  Health,  or  any  officer  thereof,  any  false  return,  statement, 
or  report  relative  to  any  birth,  death,  or  marriage,  or  other  matter 
concerning  which  a  report  or  return  may  be  legally  required  of,  or 
should  be  made  by,  such  person;  or  if  any  member,  inspector,  or 
officer,  or  any  agent  of  said  Department  of  Health  shall  knowingly 
make  to  said  Department  of  Health  any  false  or  deceptive  report, 
or  statement  in  connection  with  his  duties,  or  shall  accept  or  re- 
ceive, or  authorize,  or  encourage,  or  knowingly  allow  any  other 

598 


person  to  accept  or  receive  any  bribe  or  other  compensation  as  a 
condition  of  or  an  inducement  for  not  faithfully  discovering  and 
fully  reporting,  or  otherwise  acting,  according  to  his  duty  in  any  re- 
spect, then  any  and  every  such  person  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  liable  to  be  for  such  crime  indicted, 
tried,  and  punished  according  to  law,  and  shall,  in  addition,  forfeit 
all  compensation  due  or  to  grow  due  from  said  department. 

False  personation  as  an  officer  of  department ^  penalty. 

Sec.  1267.  It  shallibe  a  misdemeanor,  punishable  by  imprison- 
ment in  the  penitentiary,  for  not  less  than  one  year  nor  exceeding 
two  years,  or  by  a  fine  of  not  less  than  two  hundred  and  fifty  dollars, 
for  any  person,  not  an  officer  of  or  under  the  authority  of  the  De- 
partment of  Health,  to  falsely  represent  himself  as  such,  with  a 
fraudulent  design  upon  persons  or  property,  or  to  have,  use,  wear,  or 
display,  without  authority,  any  shield,  or  other  insignia  or  emblem 
such  as  is  worn  by  such  officer. 

Boardins:  <^nd  lodging-house  keepers  and  masters  of  vessels. 

Sec.  1268.  Every  keeper  of  a  boarding  or  lodging-house,  and 
every  master,  owner,  or  consignee  of  a  vessel  who  shall  refuse  or 
neglect  to  obey  the  orders  and  directions  of  the  Department  of 
Health,  as  provided  by  this  Act,  shall  be  considered  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  fined  for  each  offense  in  a 
sum  not  exceeding  two  hundred  and  fifty  dollars,  or  be  imprisoned 
for  a  term  not  exceeding  six  months. 

Officers  and  magistrates  to  act  promptly. 

Sec.  1269.  It  shall  be  the  duty  of  all  prosecuting  officers  of 
criminal  courts,  and  city  magistrates  to  act  promptly  upon  all  com- 
plaints, and  in  all  suits  or  proceedings  for  any  violation  of  this  chap- 
ter, and  in  all  proceedings  approved  or  promoted  by  said  depart- 
ment, and  to  bring  the  same  to  a  speedy  hearing  or  termination  and 
to  render  judgment  and  direct  execution  therein  without  delay. 


599 


Title  5. 

reimbursement  for  expekses. 

Joint  and  several  liability  of  owners,  lessees,  and  occupants  of  property 
and  assignment  of  claims  for  expenses  of  execution  of  orders  thereon. 

Section  1275.  It  is  hereby  declared  to  be  the  duty,  of 
which  there  shall  be  a  joint  and  several  liability  of  every 
owner  and  part  owner  and  person  interested,  and  of  every 
lessee,  tenant,  and  occupant  of,  or  in,  any  place,  water, 
ground,  room,  stall,  apartment,  building,  erection,  vessel, 
vehicle,  matter  and  thing  in  said  City,  and  of  every  person 
conducting  or  interested  in  business  therein  or  thereat,  and  of  every 
person  who  has  undertaken  to  clean  any  place,  ground  or  street 
therein,  and  of  every  person,  public  officer,  and  board  having  charge 
of  any  ground,  place,  building  or  erection  therein,  to  keep,  place, 
and  preserve  the  same  and  every  part,  and  the  sewerage,  drainage, 
and  ventilation  thereof  in  such  condition,  and  to  conduct  the  same 
in  such  manner  that  it  shall  not  be  dangerous  or  prejudicial  to  life 
or  health,  subject  to  the  ordinances  of  the  Sanitary  Code  and  the 
orders  of  the  Board  of  Health.  Any  claim  for  expenses  consequent 
upon  the  execution  of  an  order  of  the  Board  of  Health,  occasioned 
by  a  violation  of  said  duty  above  declared  and  set  forth,  may  be 
assigned  by  the  Board  of  Health  to  any  person  not  an  officer  of  the 
Health  Department,  who  shall  execute  such  order  and  perform  the 
required  work. 

On  what  expenses  to  be  a  lien. 

Sec. 1276.  The  expenses  attending  the  execution  of  any  and  al 
orders  duly  made  by  the  Board  of  Health  shall  respectively  be  a 
several  and  joint  personal  charge  against  each  of  the  owners  or  part 
owners  and  each  of  the  lessees  and  occupants  of  the  building,  busi- 
ness, place,  property,  matter  or  thing  to  which  said  order  relates,  and 
in  respect  of  which  said  expenses  were  incurred;  and  also  against 
every  person  or  body  who  was  by  law  or  contract  bound  to  do  that 
in  regard  to  such  business,  place,  street,  pr'^  perty,  matter,  or  thing 

600 


which  said  order  requires,  a:.d  said  expenses  shall  also  be  a  lien  on 
all  rent  and  compensation  due,  or  to  grow  due,  for  the  use  of  any 
place,  room,  building,  premises,  matter,  or  thing  to  which  said  order 
relates,  and  in  respect  of  which  said  expenses  were  incurred,  and 
also  a  lien  on  all  compensation  due,  or  to  grow  due,  for  the  cleaning 
of  any  street,  place,  ground,  or  thing,  or  for  the  cleaning,  or  re- 
moval, of  any  matter,  thing,  or  place,  the  failure  to  do  which  by  the 
party  bound  so  to  do,  or  doing  of  the  same  in  whole  or  in  part  by 
order  of  said  department,  was  the  cause  or  occasion  of  any  such 
order  or  expense. 

Suit  for  expenses. 

Sec.1277.  Said  Department  of  Health,itsassignee,or  the  party 
who  has  under  its  order,  or  that  of  the  Police  Department,  acting 
thereunder,  incurred  any  expense,  or  has  rendered  service  for  which 
payment  is  due,  and  as  the  rules  of  said  Department  of  Health  may 
provide,  may  institute  and  maintain  a  suit  against  any  one  in  this 
chapter  declared  liable  for  expenses,  or  against  any  person,  firm,  or 
corporation  owing,  or  who  may  owe  such  rent  or  compensation,  and 
may  recover  the  expenses  so  incurred  under  any  order  aforesaid. 
And  only  one  or  more  of  such  parties  liable  or  interested  may  be 
made  parties  to  such  action  as  the  department  may  elect;  but  the 
parties  made  responsible  as  aforesaid  for  such  expenses  shall  be 
liable  to  contribute  or  to  make  payment  as  between  themselves,  in 
respect  of  such  expenses,  and  of  any  sum  recovered  for  such  ex- 
penses or  compensation,  or  by  any  party  paid  on  account  thereof, 
according  to  the  legal  or  equitable  obligation  existing  between  them. 

Expense  of  executing  orders  to  be  a  lien. 

Sec.  1278.  The  said  department,  its  assignee, or  any  person  act- 
ing under  its  authority,  in  executing  any  order  of  said  department, 
shall  have  a  lien  for  the  expenses  necessarily  incurred  in  the  execu- 
tion of  said  order,  and  said  expenses  shall  be  a  lien  upon  the  land 
and  buildings  upon  or  in  respect  of  which,  or  either  of  which,  the 
work  required  by  said  order  has  been  done,  or  expenses  incurred, 
which  lien  shall  have  priority  over  all  other  liens  and  incumbrances, 

601 


except  taxes  and  assessments.  But  no  such  lien  shall  be  valid  for 
any  purpose  till  the  said  department  or  person  shall  have  caused  to 
be  filed  in  the  office,  or  with  the  officer  where  notices  of  mechanics' 
liens  are  now  or  may  be  hereafter  required  to  be  filed,  a  notice  con- 
taining the  same  particulars  as  required  to  be  stated  with  reference  to 
mechanics'  liens,  with  the  further  statement  that  the  expense  has 
been  incurred  in  pursuance  of  an  order  of  said  department,  and  giv- 
ing its  date.  Upon  such  filing  the  said  officer  shall  make  the  same 
entry  on  the  book  or  index  in  which  mechanics'  liens  are  entered 
as  he  is  required  to  enter  in  cases  of  mechanics'  liens,  together  with 
a  reference  to  said  order  by  date ;  and  thereafter  the  same  shall,  ex- 
cept as  herein  elsewhere  provided,  have  the  same  effect  in  all  re- 
spects as  a  mechanics'  lien;  and  all  proceedings  with  reference  to 
said  lien,  its  enforcements  and  discharge,  shall  be  had  and  carried 
on  in  the  same  manner  as  similar  proceedings  with  reference  to 
mechanics'  liens  are  now,  or  may  be  hereafter  by  law  had  or  carried 
on.  The  filing  of  such  statement  shall  as  to  all  persons  have  the 
same  effect  as  filing  of  notice  of  mechanics'  liens ;  and  unless  within 
two  months  after  actual  notice  of  such  filing,  proceedings  are  taken 
by  the  party  against  whom  or  whose  said  property  a  lien  is 
claimed,  to  discharge  such  lien,  the  filing  shall,  as  to  all  persons 
having  such  actual  notice,  become  conclusive  evidence  that  the 
amount  claimed  in  such  statement,  with  interest,  is  due,  and  is  a  just 
lien  upon  said  land  and  building.  Such  lien  shall  continue  to  be  a 
lien  for  the  space  of  four  years  from  the  time  of  filing  such  state- 
ment, unless  proceedings  are  in  the  meantime  taken  to  enforce 
or  discharge  the  same,  which  may  be  done  at  any  time  during  its  con- 
tinuance. In  case  proceedings  are  so  taken,  it  shall  remain  a  lien  un- 
til the  final  termination  of  such  proceedings;  and  if  such  proceed- 
ing shall  result  in  a  judgment  for  the  amount  claimed  in  such  state- 
ment, or  any  portion  thereof,  such  judgment  shall,  to  such  extent, 
be  a  lien  in  the  same  manner,  and  from  the  said  time  as  said  state- 
ment. 

Statement  of  expense  of  executing  orders  to  be  published. 

Sec.  1279.     When  the  Board  of  Healthfshall,  through  its  own 

602 


officers,  and  men  and  means  have  executed,  or  so  far  executed  as  said 
department  may  require,  any  order,  the  expenses  of  such  execution, 
giving  in  general  terms  the  items  of  such  expense  and  the  date  of 
execution,  shall  be  stated  in  an  affidavit,  and  the  same  shall  be 
filed  among  the  records  of  said  department  with  the  order  so  exe- 
cuted; and  said  department  shall  take  care  by,  or  through  some 
proper  officer,  or  otherwise,  that  the  expenses  of  such  execution 
be  so  stated  with  fairness  and  accuracy;  and  when  it  shall  appear 
that  such  execution,  or  the  expenses  thereof,  related  to  several  lots 
or  buildings  belonging  to  different  persons,  said  affidavit  shall  state 
what  belongs  to,  or  arose  in  respect  to  each  lot  of  said  several  lots 
or  buildings,  as  said  Board  of  Health  or  its  authorized  officer  may 
direct;  and  the  correctness  of  such  apportionment  of  expenses,  as 
stated  in  any  such  affidavits,  shall  not  be  called  in  question  or  re- 
viewed elsewhere  than  before  said  board;  but  said  board  may  re- 
vise and  correct  the  same,  as  truth  and  justice  may  require.  When- 
ever the  expenses  attending  the  execution  of  any  order  of  said 
Board  of  Health  may  be  made  the  subject  of  a  suit  by  said  depart- 
ment, or  its  assignee  or  the  person  having  a  right  to  recover  such 
expenses,  there  may  be  joined  in  the  same  suit  a  claim  or  claims 
for  any  penalty  or  penalties  for  violations  of  any  provisions  of  this 
chapter,  or  for  the  violation  or  omission  to  perform  or  obey  said 
order,  or  any  prior  order  of  said  department)  or  for  the  not  doing 
of  that,  or  any  portion  of  that,  for  the  doing  of  which,  said  expenses 
arose  or  were  incurred;  and  said  department  may  make  an  assign- 
ment of  the  claim  for  any  such  penalty  or  penalties,  to  enable  the 
claim  for  the  same  and  the  claim  for  said  expenses  to  be  joined  in 
the  same  suit;  and  the  proper  joint  or  several  judgment  may  be  had 
against  one  or  more  of  the  defendants  in  the  suit,  as  they  or  either 
of  them  may  be  liable  in  respect  of  both  said  claims,  or  either  or 
any  of  them.  And  said  expenses  of  executing  said  order,  and  the 
expenses  of  executing  any  judgment  in  any  abatement  suit  in  this 
chapter  provided  for,  and  the  several  judgments  that  may  be  recov- 
ered hereunder,  or  otherwise,  for  any  such  penalty  or  expenses,  or  for 
both  such  penalty  and  expenses  together,  until  the  same  are  paid 

603 


or  discharged,  shall  be  a  lien  as  other  judgments,  and  also  a  lien 
and  charge  upon  rent  and  compensation  due  or  then  maturing  from 
any  tenant  or  occupant  of  the  building,  lots,  and  premises,  or  the 
parts  thereof  to  which  any  such  order  or  judgment  relates,  or  in 
respect  of  which  any  such  expenses  were  incurred.  And  such  ex- 
penses and  judgments  shall  respectively  be  a  lien  on  all  compen- 
sation due  or  to  grow  due  for  the  cleaning  of  any  street,  place, 
ground,  or  thing,  or  for  the  cleaning  or  removal  of  any  mat- 
ter, thing,  or  place,  the  failure  to  do  which  by  the  party  bound 
so  to  do,  or  the  doing  of  the  same  in  whole  or  in  part  by  order  of 
said  department,  was  the  cause  or  occasion  of  any  such  charge  or 
expense.  For  the  purpose  of  rendering  such  lien  and  charge  more 
effectual  to  secure  payment  of  any  such  expenses  or  judgment, 
from  any  rent  or  compensation  aforesaid,  proceedings  may  be  taken 
as  follows: 

1.  The  Department  of  Health,  or  any  person  owning  any  such 
judgment,  or  the  claim  for  any  such  expenses,  or  having  a  right  to 
receive  payment  therefor,  may  serve  a  copy  of  the  order  under  or 
by  reason  of  which  such  expenses  were  authorized  or  incurred  with 
a  copy  of  any  affidavit  stating  the  expenses  of  the  execution  of  such 
order,  or  if  the  claim  be  a  judgment,  may  serve  a  transcript  of  such 
judgment  and  any  affidavit  showing  the  expense  of  its  execution  if 
there  be  any,  upon  any  person  or  corporation  owing,  or  who  is  about 
to  owe  any  such  compensation,  or  owing  or  about  to  owe  any  rent  or 
compensation  for  the  use  or  occupation  of  any  grounds,  premises 
or  building,  or  any  part  thereof,  to  which  said  order  or  judgment  re- 
lates, and  in  respect  of  which  such  expenses  embraced  in  said  judg- 
ment related  or  were  incurred,  and  may,  at  any  time  of  such  service, 
demand  in  writing  that  such  rent,  or  any  such  compensation  to  the 
extent  of  said  claims  for  said  expenses,  or  of  any  such  judgment  or 
expense  in  executing  the  same  shall,  when  such  rent  or  compensa- 
tion becomes  due  and  payable,  be  paid  to  the  Department  of  Health. 

2.  After  the  service  of  the  papers  aforesaid  and  such  demand, 
any  tenant,  lessee,  occupant,  or  other  person  owing,  or  about  to  owe, 
any  such  rent  or  any  such  compensation,  shall,  when  such  rent 

604 


or  any  such  compensation  shall  mature,  or  become  payable,  pay  the 
same,  and  from  time  to  time  pay  any  other  amount  thereof,  as  the 
same  may  become  due  and  payable,  or  so  much  thereof  as  is  suffi- 
cient to  satisfy  any  such  judgment  or  claim  for  expenses,  or  both,  so 
served,  to  said  Department  of  Healtii,  and  a  receipt  shall  be  given 
therefor,  stating  on  account  of  what  order  or  judgment  and  ex- 
penses the  same  has  been  paid  and  received;  and  the  amount  so 
received  shall  be  deposited  where  other  funds  of  said  department 
are  kept,  to  the  special  account  of  such  department. 

3.  Any  person  or  corporation  refusing  or  omitting,  as  herein  di- 
rected, to  make  such  payment  to  the  Department  of  Health,  after 
service  of  the  paper  and  demand  aforesaid,  as  herein  required,  shall 
be  personally  liable  to  said  Department  of  Health,  or  to  the  party 
owning  any  such  claim  for  expenses  or  judgment,  if  not  belonging 
to  said  department,  for  the  amount  that  should  have  been  paid  to 
said  department  according  to  the  provisions  ihereof,  and  may  by 
such  party  or  Health  Department  be  sued  therefor;  and  such 
persons  shall  not  in  such  suit,  dispute  or  call  in  question  the  author- 
ity of  said  Department  of  Health  to  incur,  or  order  such  expense, 
or  of  its  assignee  therein,  or  the  validity  or  correctness  of  such  ex- 
penses or  judgment  in  any  particular,  or  the  right  of  the  party 
making  such  demand,  or  his  assignee,  to  have  the  same  paid  from 
such  rent  or  compensation.  But  the  receipt  of  such  department 
for  any  sum  paid  as  aforesaid  shall,  in  all  suits  and  proceedings, 
and  for  every  purpose,  be  as  effectual  in  favor  of  any  person  hold- 
ing the  same,  as  actual  payment  of  the  amount  thereof  to  the  proper 
landlord,  lessor,  owner,  or  other  person  or  persons  who  would,  but 
for  the  provisions  of  this  title,  and  of  said  demand,  have  been 
entitled  to  receive  the  sum  so  paid.  And  it  is  further  expressly  de- 
clared that  no  tenant  or  occupant  of  any  lot,  building  or  premises, 
or  his  or  their  assignee  or  lessee,  shall  be  dispossessed  or  disturbed, 
nor  shall  any  lease  or  contract,  or  rights,  be  forfeited  or  impaired, 
nor  any  forfeiture  or  liability  be  incurred  by  reason  of  any  omission 
to  pay  to  any  landlord,  owner,  lessor,  contractor,  party,  or  other  per- 
son, the  sum  so  paid  to  said  Department  of  Health,  or  any  part 

thereof. 

605 


Department  to  retain  moneys  till  twelve  days  after  notice. 

Sec.  1280.  The  said  Department  of  Health  shall  retain  money 
so  paid  until  twelve  days  after  it  shall  be  made  to  appear  to  said 
Department  of  Health,  or  some  proper  officer  thereof,  by  satisfac- 
tory affidavit,  that  the  party  or  parties,  or  his  or  their  agent  for  the 
collection  of  any  such  rent  or  compensation,  who,  but  for  the  pro- 
visions hereof  would  have  been  entitled  to  receive  the  same,  has  had 
written  notice  of  such  payment  being  made ;  and  if  at  the  end  of  said 
twelve  days,  the  party  or  parties  aforesaid,  so  notified,  have  not  in- 
stituted suit  to  recover  said  money,  as  hereinafter  provided,  then 
it  shall,  by  said  department,  be  paid  to  any  person  who  may  own 
or  have  the  right  to  recover  the  amount  of  the  judgment  or  the  claim 
for  expenses,  or  so  much  thereof  as  the  party  may  be  entitled  to,  or 
on  ajccount  of  which  the  money  was  paid  to  said  department,  and 
after  such  payment  the  party  or  parties  aforesaid,  shall  have  no  right 
to  demand  or  receive  any  such  money,  unless  they  shall  within  six 
calendar  months  from  the  expiration  of  said  twelve  days,  in  a  suit 
allege  that  they  had  no  notice  of  such  payment,  and  shall,  on  the 
,  trial  of  such  suit,  prove  said  allegation,  and  also  that  they  were  not 
liable  to  pay  the  said  claim  for  expenses,  or  the  said  penalty  or  judg- 
ment, and  that  the  said  department  had  not  jurisdiction  to  order 
the  expenses  aforesaid,  on  account  of  which  the  money  was  so  paid, 
or  on  which  any  such'  judgment  was  obtained,  and  in  case  of  a  re- 
covery in  such  suit  it  shall  be  only  to  the  extent  that  such  parties  were 
not  so  liable,and  in  such  suit  any  person  or  persons  who  may  have  re- 
ceived said  money  from  said  department,  or  said  department  shall, 
by  the  plaintiff,  be  made  a  party  defendant;  and  if  the  plaintiff  shall 
recover  such  money,  or  any  part  thereof,  said  Department  of  Health 
shall  be  entitled  to  any  equitable  judgment  in  such  suit  which  the 
Court  may  see  fit  to  direct,  for  recovering  said  money  back,  or  any 
part  thereof,  from  such  co-defendant,  which  had  been  paid  to  him  by 
said  Department  of  Health. 

Parties  to  suit  brought  after  twelve  days:     Costs  against  department. 

Sec.  1281.   In  case  any  suit  shall  be  brought  under  the  last  sec- 
tion, or  before  the  expiration  of  the  said  twelve  days,  said  Depart- 

606 


ment  of  Health  shall  be  joined  as  a  party  defendant;  and  any  per- 
son or  persons  other  than  said  department,  claiming  the  right  to 
receive  said  money  on  account  of  said  order,  expenses  or  judg- 
ment, or  who  has  received  the  same,  shall  also  by  the  plaintiff  be 
made  parties  defendant;  and  no  answer  need  be  made  by  said  de- 
partment, except  at  its  option,  or  further  than  the  allegation  that  it 
holds  said  money  so  paid,  and  is  ready  to  pay  it  over,  as  the  result 
of  the  suit  may  render  proper,  and  said  money  shall  be  held  by  said 
department  pending  said  suit,  if  not  paid  over  before  suit  brought 
as  aforesaid,  provided  said  suit  be  diligently  prosecuted  to  judg- 
ment; and  on  its  conclusion  the  Department  of  Health  shall  cause 
the  money,  if  still  held  by  it,  or  the  proper  amount  from  its  funds, 
to  be  paid  as  the  determination  of  the  suit  may  render  proper;  and 
no  costs  in  any  suit  in  this  section  mentioned  shall  be  recovered 
against  the  Department  of  Health.      But  to  entitle  a  plaintiff  to 
recover  in  any  such  Jast-named  suit,  he  must  make  the  same 
proof  and  establish  the  same  facts  as  are  required  to  enable  him 
to  recover  in  any  suit  in  this  title  mentioned,  except  as  to  notice 
of  payment  to  department. 


Title  6. 

abatement  by  suit. 
Nuisance  defined. 

Section  1287.  A  wilful  omission  or  refusal  of  any  individual, 
corporation,  or  body,  to  forthwith  abate  any  nuisance,  as  ordered  by 
a  resolution  of  the  Board  of  Health,  duly  served  upon  them,  pur- 
suant to  the  provisions  of  this  Act,  or  to  conform  to  any  ordinance 
of  the  Sanitary  Code  or  any  sanitary  regulation  of  said  board,  duly 
made  for  the  protection  of  life,  or  the  care,  promotion,  or  preserva- 
tion of  health,  pursuant  to  its  power  or  authority,  shall  be  a  mis- 
demeanor, and  the  person  or  officers  guilty  thereof  shall  be  liable 
to  indictment  and  punishment  as  for  a  misdemeanor.    In  addition 

607 


thereto  every  person,  body  or  corporation  that  shall  violate  or  not 
conform  to  any  ordinance  of  the  Sanitary  Code,  or  any  rule,  sani- 
tary regulation  or  special  or  general  order  of  said  board,  duly 
made,  shall  be  liable  to  pay  a  penalty  not  exceeding  fifty  dollars 
for  each  ofifense,  which  may  be  sued  for  and  recovered  by  and  in 
the  name  of  said  Department  of  Health,  with  costs,  before  any 

justice  or  tribunal  in  said  City  of  New  York  having  jurisdiction 

of  civil  actions. 

Suits  to  abate  nuisances. 

Sec.  1288.     For  the  abatement  or  remedying  any  of  the  nui- 
sances mentioned  or  declared  in  this  chapter  or  by  the  Board  of 
Health  pursuant  to  the  authority  devolved  and  conferred  upon  it 
by  this  Act,  the  Board  of  Health  may  institute  and  maintain  in 
any  court  in  said  City  having  jurisdiction  in  suits  where  the  amount 
claimed  exceeds  one  thousand  dollars,  a  suit  or  suits  at  law  or  in 
equity.     And  all  costs  collected  in  any  such  action  or  proceeding 
shall  be  paid  over  to  the  department  and  accounted  for  by  it.    To  all 
such  suits  the  provisions  of  this  chapter,  relative  to  jurisdiction,  costs, 
and  parties,  shall  be  applicable ;  and  the  courts  shall  allow  the  plain- 
tiff, at  any  proper  stage  of  the  case,  to  amend,  by  joining  other 
parties  defendant;  and  no  suit  shall  be  dismissed  or  defeated  by 
reason  of  there  being  other  persons  interested  therein,  or  concerned 
in  causing,  creating,  or  maintaining  the  nuisance  complained  of  in 
such  suit. 

Id.:  trial  thereof. 

Sec.  1289.   Such  suit  shall  be  tried  as  an  issue  of  law,  and  with- 
out a  jury,  unless,  some  defendant  shall,  in  his  answer,  or  by  notice 
in  writing  to  be  served  on  plaintiff's  attorney  within  five  days  after 
service  of  said  answer,  demand  a  trial  by  jury  on  some  question  of 
fact,  to  be  in  said  answer,  or  notice  distinctly  stated,  and  in  respect 
of  which  a  right  of  trial  by  jury  exists,  and  if  any  such  demand  be 
so  made  and  served,  the  case  shall,  as  to  all  the  defendants,  be  placed 
on  the  calendar  of  jury  trial  cases  as  a  preferred  case;   and  when 
moved  for  trial,  if  issues  of  fact  for  the  jury  have  not  before  been 

608 


settled,  the  presiding  judge  may  state  in  writing  the  issues  of  fact  to 
be  submitted  to  the  jury,  or  the  trial  shall  proceed  upon  the  material 
issues  of  fact  made  by  the  pleadings  without  such  written  statement 
of  issues;  and  the  judge  who  presided  at  the  trial  (or  some  judge  of 
the  same  court,  if  said  judge  be  unable  to  proceed  therewith)  shall, 
on  receiving  the  verdict,  or  as  soon  thereafter,  and  at  the  same  term,  if 
possible,  settle  and  cause  to  be  entered  the  proper  judgment  in  said 
suit. 

Id.:  judgment;  7vhai  to  contain. 

Sec.  1290.  If  the  judgment  be  that  any  nuisance  maybe  abated 
or  remedied,  in  whole  or  in  part,  said  judgment  shall  contain  suffi- 
cient directions  for  its  proper  execution,  and  the  judge  shall,  from 
the  pleadings  and  the  evidence  given  at  the  trial,  find  and  state 
what  proportion  of  the  expense  of  such  execution  shall  be  paid  or 
be  borne  by  each  or  all  of  the  defendants,  jointly  or  severally;  and 
if,  in  the  opinion  of  the  Court,  any  part  of,  or  all  of  the  expense  of 
such  execution  should  be  borne  by  said  Department  of  Health,  or 
the  execution  of  such  judgment  should  be  made  by  said  department, 
or  under  its  direction,  said  judgment  shall  contain  the  appropriate 
directions  in  respect  to  such  last-named  payment  or  execution. 
Said  judgment,  if  against  any  defendant,  shall,  on  its  face,  state  that 
it  will  be  a  lien  on  the  real  property,  and  corporeal  hereditaments 
of  such  defendant  or  defendants  respectively,  to  which  the  said  nui- 
sance shall  have  related,  till  his  or  their  proportion  of  such  expenses 
of  execution  are  satisfied,  or  the  lien  thereof  shall  be  otherwise  dis- 
charged according  to  law. 

lyien  of  Judgment;  ho7u  removed. 

Sec.  1291.  Any  person  prejudicially  affected  by  the  Hen  of  any 
such  judgment  may,  on  eight  days'  notice  to  said  department,  make 
a  motion  before  any  judge  of  the  court  in  which  said  judgment  was 
rendered,  for  an  order  that  the  lien  of  such  judgment  be  discharged, 
as  to  all  or  any  specific  property  set  forth;  and  if  it  shall  appea 
to  such  judge,  on  the  hearing  of  such  motion,  that  such  eight 
days'  notice   of  such   motion   has  been   given  to  the   Board   of 

609 


Health,  and  that  such  judgment  has  been  executed,  and  the  ex- 
penses paid,  which  the  lien  sought  to  be  discharged,  was  de- 
signed to  secure;  or,  if  a  proper  or  sufficient  undertaking  or 
bond,  with  sureties,  shall  be  given  for  the  payment  of  such  ex- 
penses; or  if  the  Board  of  Health  or  its  counsel,  shall,  in  writing, 
consent  to  the  discharge  of  the  last-named  lien,  as  to  any  or  all 
property  referred  to,  or  as  to  one  or  more  defendants,  then  said 
judge  may  order  said  lien  discharged  of  record  by  the  proper 
officer,  to  the  extent  and  as  to  the  person  or  persons  that  the 
order  shall  specify ;    and   it  shall  be  so  discharged ;    and   such 

order  and  the  moving  papers  shall  be  filed  with  the  proper  clerk, 

as  the  judge  may  direct. 

Appeals  and  stays. 

Sec.  1292.  No  appeal  by  any  party  defendant  shall  stay  the  ex- 
ecution of  any  judgment  aforesaid,  except  to  the  extent,  in  refer- 
ence to  the  persons,  and  on  the  conditions  the  judge  who  tried  the 
case,  or,  some  other  judge  of  the  same  court,  shall,  on  the  settling  of 
the  judgment,  or  on  motion,  on  four  days'  notice  to  said  Depart- 
ment of  Health,  with  due  reference  to  the  public  interests  involved, 
specially  order;  and  if  no  such  order  shall  be  made,  the  judgment 
shall  be  executed,  notwithstanding  any  appeal,  undertaking,  or 
security,  and  without  any  liability  on  the  part  of  any  person  by 
reason  of  any  damages  or  consequences  growing  out  of  the  execu- 
tion of  said  judgment,  whether  the  same  be  reversed  or  not.  All 
appeals  by  the  defendant  from  any  judgment  in  the  said  abatement 
suits,  shall  be  taken  within  ten  days  after  notice,  in  writing,  to  the 
defendant  or  his  attorney,  of  the  entry  of  the  judgment  therein,  and 
the  judge  who  tries  the  case  may,  in  his  discretion,  order  a  stay  as  to 
the  execution  of  the  judgment,  but  only  for  the  period  of  the  said  ten 
day®,  and  within  said  period  of  ten  days  an  undertaking 
or  security  on  appeal  must  be  filed,  of  the  form  and  obli- 
gation required  in  ordinary  appeals  from  judgments,  but 
also  to  be  conditioned  for  the  payment  of  the  appellants*  adjudged 
share  of  the  expenses  of  executing  such  judgment,  or  if  not  es- 
timated in  said  judgment,  as  the  judge,  on  application  and  three 

610 


days'  notice  to  said  department,  shall  estimate  the  same,  in  confor- 
mity with  the  judgment,  for  the  purpose  of  such  security  on  appeal. 
But  the  execution  of  any  judgment  against  the  defendants  shall 
not  be  delayed  beyond  ten  days,  if  within  that  period  the  proper 
undertaking  or  security  on  appeal,  approved  by  the  judge,  has  not 
been  filed,  and  the  appeal  perfected,  as  herein  provided.  The  judg- 
ment may  state  the  estimated  expense  that  will  have  to  be  paid  by 
any  party  toward  executing  said  judgment;  but  the  Board  of  Health 
may  appeal  in  any  such  case,  or  any  case  to  which  the  Health  De- 
partment is  a  party  within  ten  days  after  the  entry  of  any  judgment, 
and  without  giving  any  security;  such  appeal  shall  be  effectual  and 
shall  operate  as  a  stay  on  the  part  of  the  judgment  in  respect  to 
which  said  department  appeals. 

Claims  for  penalty  may  be  joined  in  abatement  suits. 

Sec. 1293.  In  any  such  abatement  suit  said  department  may  join 
a  cause  of  Action  for  any  penalty  or  penalties  that  may  have  been 
incurred  by  either  of  the  defendants,  by  reason  of,  or  in  connection 
with,  the  nuisance  complained  of,  or  by  reason  of  any  omission  or 
refusal  of  any  defendant  to  obey  or  comply  with  any  ordinance  of 
the  Sanitary  Code  or  any  order  of  the  Department  of  Health  touch- 
ing such  alleged  nuisance,  and  have  the  proper  provision  in  any 
judgment  therefor  against  one  or  more  of  the  defendants.  No 
motion  for  a  new  trial  on  a  case  made  shall  be  entertained  in  any  such 
a)batement  suit,  except  as  a  part  of,  and  as  arising  upon  the  papers 
upon  a  regular  appeal  to  the  Appellate  Division  of  the  court,  and  to 
be  heard  therewith. 

/udgment  of  Appellate  Division;  what  to  contain. 

Sec. 1294.  The  judgment  of  the  Appellate  Division,  if  it  shall, 
to  any  extent,  direct  any  change  in  the  judgment  appealed  from, 
but  shall  direct,  or  allow  or  fail  to  forbid  the  judgment  in  part  to 
be  executed,  shall  also  contain  the  requisite  specific  provisions, 
so  that  the  judgment,  as  modified,  may  be  executed,  and  the  due 
proportion  of  the  expenses  of  such  execution  may  be  assessed  on 
the  defendants,  respectively,  or  on  said  department,  as  the  Appellate 

611 


Division  may  adjudge.  There  may  be  an  appeal  from  the  Appellate 
Division  to  the  Court  of  Appeals,  in  such  abatement  suit,  and  there- 
in the  provisions  hereof  as  to  appeals  from  the  judgment  to  the 
Appellate  Division,  and  as  to  the  security  on  appeal,  shall  in  all 
particulars,  including  the  length  of  time  given  in  which  to  take  an 
appeal,  apply,  except  that  no  undertaking  on  its  appeal  is  necessary 
on  the  part  of  the  Department  of  Health,  and  no  change  in  the 
Code  of  Civil  Procedure,  or  otherwise,  hereafter  to  be  made,  though 
in  subject-matter  applicable  to  said  abatement  suits,  shall  be  con- 
strued to  modify  the  aforesaid  or  other  provisions  of  the  Health 
Laws  as  to  any  suits  thereunder,  unless  such  Act  shall  specifically 
declare  such  modification  to  be  intended. 

Statement  of  expense  of  execution. 

Sec.  1295.  Upon  the  execution,  in  whole  or  in  part,  of  any 
such  judgment,  if  said  department  shall,  as  it  is  hereby  authorized 
to  do,  decide  the  public  interest  to  demand  only  execution  in  part 
thereof,  a  statement  of  the  expenses  of  such  execution  shall  be 
made,  and  such  expenses  shall  be  therein  apportioned  not  contrary 
to  any  provisions  of  said  judgment;  and  upon  the  same  being  veri- 
fied by  the  oath  of  some  person  who,  by  due  authority,  took  part 
in,  or  had  charge  of  the  execution  of  such  judgment,  or  by  some 
oflficer  of  said  department,  such  statement,  entitled  in  the  case,  may 
be  filed  or  given  to  the  proper  clerk  to  be  filed,  with  such  judgment; 
and  notice  of  such  filing  or  delivery,  and  a  copy  of  such  statement 
shall  be  given  to  the  attorneys  of  the  defendant  in  the  suit,  or  to  the 
defendants  themselves,  or  to  some  one  of  the  joint  defendants;  and 
unless  within  ten  days  after  any  such  notice,  such  defendants  shall 
give  due  notice,  in  writing,  to  said  department,  or  to  the  person 
who,  as  assignee,  or  by  order,  executed  such  judgment  or  is  en- 
titled to  payment  of  such  expenses,  in  case  it  was  not  executed  by 
said  department,  of  a  motion,  and  serve  therewith  copies  of  affida- 
vits to  correct  such  statement  in  particulars  to  be  mentioned,  and 
separately  and  clearly  stated  in  such  affidavit,  such  statement  afore- 
said shall  be,  in  all  suits,  and  proceedings,  and  tribunals,  and  at  all 

fill! 


times,  deemed  and  taken  to  be  final,  conclusive,  and  correct;  and 
no  formal  defect  in   such   statement  shall  in  any  wise  vitiate   the 
same.     And  on  any  hearing  of  such  motion,  any  party  in  interest, 
or  said  department  may  read  affidavits  in  support  of  such  original 
statement;  and  the  finding  of  any  judge  on  the  hearing  of  such  mo- 
tion, as  the  said  statement  of  such  expenses  and  other  matters 
in  such  motion  involved,  or  statement  contained,  shall  be  final  and 
conclusive,  and  not  subject  to  appeal;  and  such  finding  or  state- 
ment as  modified  by  such  finding  when  filed,  shall  be  of  the  same 
effect  as  such  original  statement  would  have  been  had  no  motion 
in  regard  thereto  been  made;  and  for  the  purpose  of  an  execution 
for  such  expense,  and  creating  a  lien  under  any  judgment,  such 
statements  and  finding  or  modified  statement  shall  be  regarded  as  a 
part  of  said  judgment,  and  the  lien  thereof  shall  extend  to  any 
amounts  stated  in  such  final  statement  and  finding.     In  so  far  as 
any  judgment  may  be  directed  to  be  executed  at  the  expense  of 
said  Department  of  Health,  or  by  any  party  defendant  at  his  own 
expense,  and  shall  by  such  party  defendant  be  so  executed,  tfie 
expense  of  such  execution  shall  not  be  stated  or  embraced  in  the 
aforesaid  statement  or  finding  of  expenses;  but  if  any  part  of  the 
execution  aforesaid,  which  any  party  should  have  borne  or  paid, 
shall,  by  reason  of  the  delay,  refusal  or  defective  act  or  execution 
of  such  party,  or  any  other  cause,  be  paid,  borne,  or  incurred  by 
said  Department  of  Health,  in  and  about  the  execution  of  such  judg- 
ment, then  the  said  latter  expenses  of  said  department  may  be  em- 
braced in  said  statement  and  finding,  and  collected  by  execution  as 
aforesaid. 

Execution  thereupon. 

Sec.  1296.  For  the  proportion  and  amounts  as  authorized  by 
such  judgment,  and  contained  in  such  finding  or  in  such  statement 
or  modified  statement,  when  either  of  the  same  shall  have  become 
final  as  aforesaid,  said  department,  or  any  assignee  of  such  depart- 
ment, or  any  other  person  who  has  executed  such  judgment,  or  has 
otherwise  a  right  to  receive  the  expense  of  so  doing,  or  the  por- 
tion thereof  that  may  be  due  from  any  defendant,  shall  have  exe- 

613 


cution,  on  application  ex  parte,  to  a  judge  of  the  court  in  which 
the  judgment  was  recovered,  and  such  execution  shall,  in  due  form, 
be  allowed  by  any  such  judge;  such  execution  to  be  against  any 
one  or  more  defendants  or  joint  defendants  for  the  recovery  of  any 
amount  due  from  such  defendant,  or  defendants,  which  the  party 
claiming  such  execution  is  entitled  to  receive;  and  such  execution, 
except  as  herein  especially  provided,  shall  be  of  the  same  eflfect 
and  form  as  any  execution  duly  issued  pursuant  to  any  judgment. 
But  no  execution  shall  be  issued  against  any  defendant  for  less 
than  the  whole  sum  due  from  such  defendant,  or  for  less  than  he 
shall  be  liable  to  pay  in  such  suit;  but  any  sum  adjudged  against 
any  defendant  or  defendants,  in  any  such  abatement  suit  for  penal- 
ties, costs,  or  for  other  cause  than  the  expense  of  the  abatement 
or  remedying  of  such  nuisance,  may  be  collected  by  separate  or 
other  executions,  other  than  those  authorized  for  collecting  such 
expenses,  to  be  issued  in  due  course  of  law. 


Injunction  may  be  gratited  in  ubatemetit  suits.     Requisites. 

Sec.  1297.  In  any  abatement  suit  aforesaid  the  court  or  a  judge 
thereof,  may  issue  and  enforce  an  appropriate  preliminary  injunc- 
tion, whenever  it  shall  be  asked  for,  by  the  Board  of  Health,  and 
there  shall  appear  to  such  judge  to  be  reasonable  cause  therefor; 
and  such  injunction  may  also  be  granted  whenever  it  shall  be  made 
to  appear  to  the  court  or  a  judge  thereof,  by  affidavit,  that  such 
injunction  is  needed,  to  prevent  any  illegal  act,  conduct,  or  business 
aforesaid,  or  its  continuance,  or  to  prevent  any  serious  danger  to 
human  life  or  serious  detriment  to  health,  or  great  public  incon- 
venience, touching  any  matter  or  thing  to  which  this  act  or  the 
health  laws  aforesaid  relate.  And  in  any  such  injunction  order 
the  court  may  require  any  building,  erection,  or  grounds  to  be  put 
in  a  condition  that  will  not  be  dangerous  to  the  life  or  detrimental 
to  the  health  of  any  occupant,  before  the  same  shall  be  leased,  or 
rented,  or  occupied,  or  before  any  rent  or  compensation  shall  be 
collected  for  the  rent  or  use  of  the  whole  or  any  portion  of  the  same. 

614 


In  any  such  injunction  order,  and  also  in  any  judgment  in  any  abate- 
ment   suit,    the    judge     or     court     may     require     the     tenants, 
lessees,    and    occupants,    or    either    or    any    of    them,    of    any 
such    building,     erection,     or  grounds,     to     pay     rent     thereof, 
or      compensation     therefor,     due     or     to     grow     due     to     the 
Health    Department,    and   said    department    to    collect    and     re- 
ceive and  apply  said  rent  to  the  payment  of  the  expenses  of  put- 
ting any  said  building,  erection,  or  ground  in  a  condition  that  will 
not  be  dangerous  to  the  life  or  detrimental  to  the  health  of  any  pres- 
ent or  future  tenant,  lessee  or  occupant,  or  of  any  other  person ;  all 
such  collections  and  payments  to  be  made  in  such  manner,  to  such 
extent,  and  on  such  conditions  as  the  court  shall  by  order  or  judg- 
ment provide;  and  every  such  payment  to  said  department,  and  the 
receipt  of  its  treasurer  for  such  rent  or  compensation,  shall  be  as 
effectual  to  protect  any  person  who  has  made  the  same,  and  every 
such  tenant,  lessee  and  occupant,  and  all  his  and  their  rights  under 
any  lease  or  occupation,  as  if  such  payment  had  been  made  to,  and 
such  receipt  had  been  given  by  the  lessor  or  owner,  or  any  proper 
claimant  of  any  such  rent  or  compensation,  who  had,  but  for  such 
order  or  judgment,  the  right  and  authority  to  receive  the  same.  Bu£ 
no  undertaking  or  security  shall  be  required  or  necessary  on  the 
part  of  said  department  as  a  condition  of  granting  such  injunction, 
or  the  same  being  effectual;  and  in  any  final  judgment  in  such  suit 
there  may  be  enjoined  whatever,  if  about  to  happen  or  threatened, 
would  be  the  proper  subject  matter  of  a  preliminary  injunction.  And 
when  the  public  interest  seems  to  the  court  to  require  a  speedy 
trial  or  hearing  of  any  such  suit  or  appeal  therein,  it  shall  be  the 
duty  of  any  judge  or  any  court  aforesaid,  or  of  the  court  to  whom 
application  by  said  board  may  be  properly  made,  to  cause  such  suit 
or  appeal  to  be  advanced  and  brought  to  a  speedy  trial,  and  before 
it  would  otherwise  be  reached  by  trial  or  argument  in  due  course 
on  the  calendar,  as  the  judge  or  court  may  by  special  order  direct. 

Expenses  of  Department  of  Health  to  be  paid  out  of  its  funds. 

Sec.  1298.     Whatever  expenses  said  Department  of  Health 
may  lawfully  and  properly  incur  in  the  execution  of  any  judg- 

615 


ment  aforesaid,  or  in  executing  or  in  connection  with  its  own 
orders,  made  in  good  faith,  or  in  and  about  the  discharge  in 
good  faith  of  its  supposed  duties,  or  in  satisfying  any  habihty 
or  judgment  it  may  have  in  good  faith  incurred  or  suffered  by 
reason  of  its  acts  done  in  good  faith  as  aforesaid,  or  in  satisfying 
any  claim  against  its  officers  or  subordinates,  arising  from  their 
acts  in  the  discharge,  in  good  faith,  of  their  supposed  respective 
duties,  shall,  so  far  as  established,  be  paid  out  of  its  fund  or 
other  moneys  appropriated  to  such  purpose  or  to  its  use. 


Title  7. 


TEN^EMENT  AND  LODGING-HOUSES. 


Construction  generally.     Halls  and  windows,  etc. 

Sec.  1304.  Every  house,  building,or  portion  thereof,  in 
the  City  of  New  York,  used  occupied,  leased  or  rented  for  a 
tenement  or  lodging-house  must  conform  in  its  construc- 
tion, appurtenances  and  premises  to  the  requirements  of  this 
title ;  and  its  use  and  occupation  shall  be  regulated  subject 
to  the  ordinances  of  the  Sanitary  Code,  applicable  thereto, 
and  the  orders  of  the  Board  of  Health  duly  made,  persuant 
to]  its  authority,  duty  and  powers  conferred  and  enjoined 
upon  it  in  this  chapter.  If  occupied  by  more  than  one  family  on 
a  floor,  and  if  the  halls  do  not  open  directly  to  the  external  air, 
with  suitable  windows,  without  a  room  or  other  obstruction  at  the 
end,  it  shall  not  be  used,  occupied,  leased  or  rented,  unless  sufficient 
light  and  ventilation  is  otherwise  provided  for  in  said  halls,  ap- 
proved so  far  as  relates  to  construction  by  the  Department  of  Build- 
ings, and  if  the  building  be  completed,  approved  so  far  as  relates 
to  health  and  sanitary  conditions,  by  the  Board  of  Health. 

Definitions. 

Sec.  1305.    A  tenement  house  within  the  meaning  of  this  title 
shall  be  taken  to  mean  and  include  any  house  or  building,  or  portion 

616 


thereof,  which  is  rented,  leased,  let  or  hired  out,  to  be  occupied,  or 
is  occupied  as  the  home  or  residence  of  three  families  or  more  liv- 
ing independently  of  each  other,  and  doing  their  cooking  upon  the 
premises,  or  by  more  than  two  families  upon  any  floor,  so  living 
and  cooking,  but  having  a  common  right  in  the  halls,  stairways, 
yards,  water-closets  or  privies,  or  some  of  them.  A  lodging-house 
shall  be  taken  to  mean  and  include  any  house  or  building,  or  portion 
thereof,  in  which  persons  are  harbored,  or  received  or  lodged,  for 
hire  for  a  single  night,  or  for  less  than  a  week  at  one  time,  or  any  part 
of  which  is  let  for  any  person  to  sleep  in,  for  any  term  less  than  a 
week,  A  cellar  shall  be  taken  to  mean  and  include  every  basement 
or  lower  story  of  any  building  or  house  of  which,  one-half  or  more 
of  the  height  from  the  floor  to  the  ceiling,  is  below"  the  level  of  the 
street  adjoining. 

Roofs  and  stairs  a)td  fire-escapes. 

Sec.  1306.  The  roof  of  every  such  house  shall  be  kept  in  gO° 
repair,  and  so  as  not  to  leak,  and  all  rain  water  shall  be  so  drained 
or  conveyed  therefrom,  as  to  prevent  its  dripping  on  to  the  ground, 
or  causing  dampness  in  the  walls,  yard,  or  area.  All  stairs  shall  be 
provided  with  proper  banisters  and  railings,  and  shall  be  kept  in 
good  repair.  Every  such  house  shall  be  provided  with  a  proper 
fire-escape,  or  means  of  escape  in  case  of  fire,  to  be  approved  by  the 
department  of  buildings. 

Sleeping  rooms.      Ventilation. 

Sec.  1307.  Every  house,  building  or  portion  thereof  in  the 
City  designed  to  be  used,  occupied,  leased  or  rented,  or  which  is 
used,  occupied,  leased  or  rented  for  a  tenement  or  lodging-house, 
shall  have  in  every  room  which  is  occupied  as  a  sleeping-room,  and 
designed  to  be  used,  occupied,  leased,  or  rented,  or  which  is  used 
occupied,  leased,  or  rented  for  a  tenement  or  lodging-house,  shall 
have  in  every  room  which  is  occupied  as  a  sleeping-room,  and 
which  does  not  communicate  directly  with  the  external  air,  a  venti- 
lating or  transom  window,  having  an  opening  or  area  of  three 

617 


square  feet,  over  the  door  leading  into,  and  connected  with  the  ad- 
joining room,  if  such  adjoining  room  communicates  with  the  ex- 
ternal air,  and  also  a  ventilating  or  transom  window  of  the  same 
opening  or  area,  communicating  with  the  entry  or  hall  of  the  house, 
or  where  this  is,  from  the  relative  situation  of  the  rooms,  impractic- 
able, such  last-mentioned  ventilating  or  transom  window  shall  com- 
municate with  an  adjoining  room  that  itself  communicates  with  the 
entry  or  hall.  Every  such  house,  or  building,  shall  have  in  the 
roof,  at  the  top  of  the  hall,  an  adequate  and  proper  ventilator,  of  a 
form  approved  by  the  Department  of  Buildings. 

Water  closets,  privies  and  sinks. 

Sec.  1308.  Every  tenement  and  lodging-house  or  building  shall 
be  provided  with  as  many  good  and  sufficient  water-closets,  im- 
proved privy  sinks,  or  other  similar  receptacles,  as  the  Department 
of  Health  shall  require,  but  in  no  case  shall  there  be  less  than 
one  for  every  fifteen  occupants.  The  water-closets,  sinks,  and  recep- 
tacles, shall  have  proper  doors,  soil  pipes,  and  traps,  all  of  which 
shall  be  properly  ventilated  to  prevent  the  escape  of  deleterious  gas 
and  odors,  soil  pans,  cisterns,  pumps  and  other  suitable  works  and 
fixtures,  necessary  to  insure  the  efficient  operation,  cleansing,  and 
flushing  thereof.  Every  tenement  or  lodging-house  situated  upon 
a  lot  on  a  street  or  avenue  in  which  there  is  a  sewer,  shall  have  a 
separate  and  proper  connection  with  the  sewer;  and  the  water- 
closets,  sinks,  and  other  receptacles  shall  be  properly  connected 
with  the  sewer  by  proper  pipes  made  thoroughly  air-tight.  Such 
sewer,  connection,  and  all  the  drainage  and  plumbing  work,  water- 
closets,  sinks  and  other  receptacles,  in  and  for  every  tenement  and 
lodging-house  shall  be  of  the  form,  construction,  or  arrangement, 
location,  materials,  workmanship  and  description  as  may  be  required 
by  the  rules  and  regulations  of  the  Department  of  Buildings  of  the 
City  of  New  York.  Every  owner,  lessee  and  occupant  shall  take 
adequate  measures  to  prevent  improper  substances  from  entering 
such  water-closets,  or  sinks,  or  their  connections,  and  to  secure  the 
prompt  removal  of  any  improper  substances  that  may  enter  them, 

618 


so  that  no  accumulation  shall  take  place,  and  so  as  to  prevent  any 
exhalations  therefrom,  offensive,  dangerous  and  prejudicial  to  life 
or  health,  and  so  as  to  prevent  the  same  from  being  or  becoming 
obstructed.  Every  person  who  shall  place  filth,  urine  or  fecal 
matter  in  any  place  in  a  tenement  house  other  than  that  provided 
for  the  same,  and  every  person  who  shall  keep  filth,  urine  or  fecal 
matter  in  his  apartment  or  upon  his  premises  such  length  of  time  as 
to  create  a  nuisance  shall  be  guilty  of  a  misdemeanor.  No  privy, 
vault  or  cess-pool  shall  be  allowed  in,  under,  or  connected  with 
any  such  house  except  when  it  is  unavoidable,  and  a  permit  there- 
for shall  have  been  granted  by  the  Department  of  Health,  and  in 
such  case  it  shall  be  constructed  in  such  situation  and  in  such  man- 
ner as  the  Department  of  Buildings  may  direct.  It  shall  in  all  cases 
be  water-tight  and  arched  or  securely  covered  over,  and  no  offen- 
sive smell  or  gases  shall  be  allowed  to  escape  therefrom,  or  from  any 
closet,  sink  or  privy.  In  all  cases  where  a  sewer  exists  in  the  street 
or  avenue,  upon  which  the  house  or  building  stands,  the  yard  or 
area  shall  be  connected  with  the  sewer,  so  that  all  water  from  the 
roof  or  otherwise,  and  all  liquid  filth  shall  pass  freely  into  the  sewer. 
Where  there  is  no  sewer  in  the  street  or  avenue,  or  adjacent  thereto, 
with  which  connection  can  be  made,  the  yard  and  area  shall  be  so 
graded  that  all  water  from  the  roof  or  otherwise,  and  all  filth  shall 
flow  freely  therefrom  into  the  street  gutter,  by  a  passage  beneath  the 
sidewalk,  which  passage  shall  be  covered  by  a  permanent  cover, 
so  arranged  as  to  permit  access  to  remove  obstructions  or  impurities. 

Cellars  and  basements  of  tenement  houses  not  to  be  occupied  for   living 
purposes,  except  in  certain  cases. 

Sec.  1309.  It  shall  not  be  lawful,  without  a  permit  from  the 
Department  of  Buildings,  to  construct,  during  the  erection  of 
a  tenement  or  lodging-house,  nor  after  the  completion  of  such 
tenement  or  lodging-house,  any  room  or  rooms  in  any  basement  or 
cellar  to  be  occupied  wholly  or  in  part  as  a  dwelling,  nor  it  shall  be 
lawful  without  a  permit  from  the  department  of  Health  to  let, 
occupy,  or  suffer  to  be  occupied  separately  as  a  dwelling,  any  vault, 
cellar,  or  underground  room,  built  or  rebuilt  after  July  first,  eight- 

619 


een  hundred  and  sixty-seven,  or  which  shall  not  have  been  so  let 
or  occupied  before  said  date.  It  shall  not  be  lawful,  without  such 
permit,  to  let  or  continue  to  be  let,  or  to  occupy  or  suffer  to  be 
occupied  separately  as  a  dwelling,  any  vault,  cellar,  basement,  or 
room  wholly  or  in  part  underground,  unless  the  same  be  in  every 
part  thereof  at  least  seven  feet  in  height,  measured  from  the  floor 
to  the  ceiling  thereof,  nor  unless  the  same  be  for  at  least  two  feet 
of  its  height  above  the  surface  of  the  street  or  ground  adjoining  or 
nearest  to  the  same,  nor  unless  there  be  outside  of  and  adjoining 
the  said  vault,  cellar,  room,  or  basement,  and  extending  along  tKe 
entire  frontage  thereof,  and  upwards  from  six  inches  below  the 
level  of  the  floor  thereof  up  to  the  surface  of  said  street  or 
ground,  an  open  space  of  at  least  two  feet  and  six  inches  wide  in 
every  part,  nor  unless  the  same  be  well  and  effectually  drained 
by  means  of  a  drain,  the  uppermost  part  of  which  is  one  foot  at 
least  below  the  level  of  the  floor  of  such  vault,  cellar,  or  room, 
nor  unless  there  is  a  clear  space  of  not  less  than  one  foot  below 
the  level  of  the  floor,  except  where  the  same  is  cemented^ 
nor  unless  there  be  appurtenant  to  such  vault,  cellar,  or 
room,  the  use  of  a  water-closet  or  privy  kept  and  provided 
as  in  this  title  required;  nor  unless  the  same  have  an  external 
window  opening  of  at  least  nine  superficial  feet  clear  of  the  sash 
frame,  in  which  window  opening  there  shall  be  fitted  a  frame  filled 
with  glazed  sashes,  at  least  four  and  a  half  superficial  feet  of 
which  shall  be  made  so  as  to  open  for  the  purpose  of  ventilation. 
In  the  case  of  an  inner  or  back  vault,  cellar,  or  room,  let  or  occu- 
pied along  with  a  front  vault,  cellar,  or  room,  as  part  of  the  same 
letting  or  occupation,  it  shall  be  a  sufficient  compliance  with  the 
provisions  of  this  section  if  the  front  room  is  provided  with  a  win- 
dow, as  hereinbefore  provided,  and  if  the  said  back  cellar  or  room  is 
connected  with  the  front  vault,  cellar  or  room,  by  a  door,  and  also 
by  a  proper  ventilating  or  transom  window,  and  where  practicable, 
also  connected  by  a  proper  ventilating  or  transom  window,  or  by 
some  hall  or  passage  communicatmg  with  the  external  air.  In  any 
area  adjoining  a  vault,  cellar,  underground  room,  or  basement, 

620 


there  may  be  steps  necessary  for  access  to  such  vault,  cellar,  or 
room,  if  the  same  be  so  placed  as  not  to  be  over,  across  or  opposite 
to  the  said  external  window,  and  so  as  to  allow  between  every  part 
of  such  steps  and  the  external  wall  of  such  vault,  cellar  or  room,  a 
dlear  space  of  six  inches  at  least,  and  if  the  rise  of  said  steps  is  open ; 
and  provided  further  that  over  or  cross  any  such  area,  there  may  be 
steps  necessary  for  access  to  any  building-  above  the  vault,  cellar 
or  room  to  which  such  area  adjoins,  if  the  same  be  so  placed  as  not 
to  be  over,  across  or  opposite  to  any  such  external  window. 

Cellars  and  vaults  not  to  be  used  /or  sleeping-rooms. 

Sec.  1310.  No  vault,  cellar,  or  underground  room  shall  be  oc- 
cupied as  a  place  of  lodging  or  sleeping,  except  the  same  shall  be 
approved,  in  writing,  and  a  permit  given  therefor  by  the  Board  of 
Health.  No  wall  paper  shall  be  placed  upon  a  wall  or  ceiling  of 
any  tenement  or  lodging-house,  unless  all  wall  paper  shall  be  first 
removed  therefrom,  and  said  wall  and  ceiling  thoroughly  cleansed. 
Every  tenement  or  lodging-house,  and  every  part  thereof,  shall 
be  kept  clean  and  free  from  any  accumulations  of  dirt,  filth,  garbage 
or  other  matter  in  or  on  the  same,  or  in  the  yard,  court,  passage, 
area  or  alley  connected  with  it,  or  belonging  to  the  same.  The 
owner  or  keeper  of  any  lodging-house,  and  the  owner  or  lessee  of 
any  tenement-house  or  part  thereof,  shall  thoroughly  cleanse  all 
the  rooms,  passages,  stairs,  floors,  windows,  doors,  walls,  ceilings, 
privies,  cess-pools,  and  drains  of  the  house  or  part  of  the  house  of 
which  he  is  the  owner  or  lessee,  to  the  satisfaction  of  the  Depart- 
ment of  Health,  so  often  as  he  shall  be  required  by  or  in  accordance 
with  any  order  of  the  Board  of  Health  and  any  regulation  or  ordi- 
nance of  said  department,  and  shall  well  and  sufficiently,  to  the 
satisfaction  of  the  said  Health  Department,  whitewash  the  walls 
and  ceilings  thereof  once  at  least  in  every  year. 

Transoms,  windows,  doors,  etc. 

Sec.  1311.  All  transoms,  windows,  doors  and  other  openings 
leading  into  halls,  or  into  rooms  opening  into  halls,  from  bakeries  or 
places  of  business,  in  which  fat  is  boiled  in  the  basements,  cellars,  or 

621 


on  the  first  floors,  of  all  tenement  houses  in  the  City  of  New  York, 
shall  be  solidly  closed  with  the  same  material  as  the  walls  or  parti- 
tions in  which,  the  openings  exist,  so  that  there  shall  be  no  opening 
between  said  bakeries,  or  other  places  of  business  of  said  floor  in 
which  fat  is  boiled,  and  the  other  parts  of  the  tenement  house  in 
which  the  same  shall  be  situated.  All  transoms  and  windows  open- 
ing into  halls  from  any  portion  of  said  floor  of  any  tenement  house 
where  paint,  oils,  spirituous  liquors  or  drugs  are  stored,  or  kept  for 
the  purpose  of  sale,  or  otherwise,  shall  be  glazed  with  wire  glass,  or 
they  shall  be  removed  and  closed  up  as  solidly  as  the  rest  of  the  wall; 
and  all  doors  leading  into  such  hall,  or  room  from  such  portion 
of  said  floor,  of  said  tenement  house  used  as  aforesaid,  shall  be  made 
fireproof. 

Certain  occupations  and  business  prohibited  in  tenement  houses. 

Sec.  1312.  Every  tenement  or  lodging-house  shall  have  the 
proper  and  suitable  conveniences  or  receptacles  for  receiving  gar- 
bage and  other  refuse  matters.  No  tenement  or  lodging-house  or 
premises,  nor  any  pwDrtion  thereof,  shall  be  used  as'  a  place  of  stor- 
age for  any  combustible  article,  or  any  article  dangerous  to  life  or 
detrimental  to  health;  nor  shall  any  horse,  cow,  calf,  swine,  pig, 
sheep,  or  goat  be  kept  in  said  house  or  on  the  premises  thereof.  No 
bakery  or  place  of  business  in  which  fat  is  boiled  shall  be  main- 
tained in  any  tenement  house  which  is  not  fire-proof,  or  where  the 
ceiling  and  side  walls  of  place,  where  said  fat  boiling  is  done  are  not 
made  safe  by  fire-proof  material  around  the  same,  except  by  per- 
mit of  and  under  such  conditions  as  may  be  prescribed  by  the  Fire 
Department;  no  part  of  any  tenement  house  shall  be  used  for  the 
storage  of  feed,  hay,  or  straw,  except  by  permit  of  and  under  such 
conditions  as  may  be  prescribed  by  the  Fire  Department. 

Tenements,  etc.,  to  be  cleansed;  owner ^  names  to  be  registered    in  Depart- 
ment of  Health. 

Sec.  1313.  Every  owner  of  a  tenement  or  lodging-house,  and 
every  person  having  control  of  a  tenement  or  lodging-house, 
shall  file  in  the  Department  of  Health,  a  notice  containing  his  name 

622 


and  address,  and  also  a  description  of  the  property,  by  street  num- 
ber or  otherwise,  as  the  case  may  be,  in  such  manner  as  will  enable 
the  Department  of  Health  easily  to  find  the  same;  and  also  the 
number  of  apartments  in  each  house,  the  number  of  rooms  in  each 
apartment,  the  number  of  families  occupying  the  apartments,  and 
the  trades  or  occupations  carried  on  therein.  In  case  of  a  transfer 
of  any  tenement  house,  or  lodging-house,  it  shall  be  the  duty  of  the 
grantor  and  grantee  of  said  tenement  or  lodging-house  to  file  in  the 
Department  of  Health  a  notice  of  such  transfer,  stating  the  name 
of  the  new  owner,  within  thirty  days  after  such  transfer.  In  case 
of  the  devolution  of  said  property  by  will,  it  shall  be  the  duty  of  the 
executor  and  of  the  devisee,  if  more  than  twenty-one  years  of  age, 
and  in  case  of  the  devolution  of  such  property  by  inheritance  with- 
out a  will,  it  shall  be  the  duty  of  the  heirs,  or  in  case  all  of  the  heirs 
are  under  age,  it  shall  be  the  duty  of  the  guardians  of  such  heirs, 
and  in  case  said  heirs  have  no  guardians,  it  shall  be  the  duty  of  the 
administrator  of  the  deceased  owner  of  said  property  to  file  in  said 
department,  a  notice,  stating  the  death  of  the  deceased  owner,  and 
the  names  of  those  who  have  succeeded  to  his  interest  in  said  prop- 
erty, within  thirty  days  after  the  death  of  said  decedent,  in  case  he 
died  intestate,  and  within  thirty  days  after  the  probate  of  his  will,  ^f 
he  died  testate.  A  failure  to  file  such  notice  shall  make  said  prop- 
erty, and  the  owners  thereof,  liable  to  a  penalty  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars.  Said  penalty  may  be  recovered 
in  an  action  brought  by  the  Health  Department  as  provided  in  this 
Act.  Every  person  claiming  to  have  an  interest  in  any  tene- 
ment or  lodging-house  may  file  his  name  and  address  in  the  De- 
partment of  Health.  All  notices  and  orders  of  the  Department  of 
Health  required  by  law  to  be  served  in  relation  to  a  tenement  or 
lodging-house,  shall  be  served  by  posting,  in  some  conspicuous 
place  in  the  house,  a  copy  of  the  notice  or  order,  five  days  before 
the  time  for  doing  the  thing,  in  relation  to  which,  said  notice  or 
order  was  issued.  The  posting  of  a  copy  of  an  order  or  notice,  in 
accordance  with  this  section,  shall  be  sufficient  service  upon  the 
owner  of  the  property  affected.    It  shall  be  the  duty  of  the  Depart- 

623 


ment  of  Health  to  cause  a  copy  of  every  such  notice  or  order  to  be 
mailed,  on  the  same  day  that  it  is  posted  in  the  house,  addressed  to 
the  name  and  address  of  each  person  who  has  filed  with  the  Depart- 
ment of  Health  the  notice  provided  for  in  this  section. 

Inspection  twice  a  year.     Officers  to  have  access. 

Sec.  1314.  It  shall  be  the  duty  of  the  Board  of  Health  to  cause 
a  careful  inspection  to  be  made  of  every  tenement  and  lodging- 
house  at  least  twice  in  each  year.  And  whenever  the  Board 
of  Health  has  made  any  order  concerning  a  tenement  or  lodg- 
ing-house, it  shall  cause  a  re-inspection  to  be  made  of  the  same  with- 
in six  days  after  it  has  been  informed  that  the  order  has  been 
served.  The  keeper  of  any  lodging-house,  and  the  owner,  agent  of 
the  owner,  lessee,  or  occupant  of  any  tenement  house,  and  every 
other  person  having  the  care  and  management  thereof,  shall,  at  all 
times,  when  required  by  any  officer  of  the  Department  of  Health,  or 
by  any  officer  upon  whom  any  duty  is  conferred  by  this  title,  give 
him  free  access  to  such  house,  and  to  every  part  thereof.  The 
owner  or  keeper  of  any  lodging-house,  and  the  owner,  agent  of  the 
owner,  and  the  lessee  of  any  tenement  house  or  part  thereof,  shall, 
whenever  any  person  in  such  house  is  sick  of  fever,  or  of  any  infec- 
tious, pestilential,  or  contagious  disease,  and  information  thereof 
has  been  given  to  such  owner,  keeper,  agent  or  les&ee,  give  imme- 
diate notice  thereof  to  the  Board  of  Health,  or  to  some  officer  of  the 
same,  and  thereupon  said  board  shall  cause  the  same  to  be  imme- 
diately cleansed  or  disinfected,  at  the  expense  of  the  owner,  in  such 
manner  as  it  may  deem  necessary  and  effectual,  and  it  may 
also  cause  the  blankets,  bedding  and  bed-clothes  used  by  any  such 
sick  person  to  be  thoroughly  cleansed,  scoured  and  fumigated,  or, 
in  extreme  cases,  to  be  destroyed. 

Infected  and  uninhabitable  houses  to  be  condemned  by  Board  of  Health. 

Sec.  1315.  Whenever  it  shall  be  certified  to  the  Board  of 
Health  of  the  City  of  New  York  by  the  Sanitary  Superintendent 
or  an  assistant  Sanitary  Superintendent,  that  any  building  or  any 

624 


part  thereof  in  the  City  of  New  York  is  infected  with  contagious 
disease,  or  by  reason  of  want  of  repair  has  become  dangerous  to 
Hfe,  or  is  unfit  for  human  habitation  because  of  defects  in 
drainage,  plumbing,  ventilation,  or  the  construction  of  the  same, 
in  drainage,  plumbing,  ventilation,  or  the  construction  of  the  same, 
or  because  of  the  existence  of  a  nuisance  on  the  premises,  which 
is  likely  to  cause  sickness  among  its  occupants,  the  said  Board  of 
Health  may  issue  an  order  requiring  all  persons  therein  to  vacate 
such  building  or  part  thereof  for  the  reasons  to  be  stated  therein  as 
aforesaid.  Said  board  shall  cause  said  order  to  be  affixed  conspic- 
uously in  the  building  or  part  thereof  and  to  be  personally  served 
on  the  owner,  lessee,  agent,  occupant,  or  any  person  having  the 
charge  or  care  thereof;  if  the  owner,  lessee  or  agent  cannot  be  found 
in  the  City  of  New  York  or  do  not  reside  therein,  or  evades  or  resists 
service,  then  said  order  may  be  served  by  depositing  a  copy  thereof 
in  the  post-office  in  the  City  of  New  York,  properly  inclosed  and 
addressed  to  such  owner,  lessee  or  agent  at  his  last  known  place  of 
business  and  residence,  and  prepaying  the  postage  thereon;  such 
building  or  part  thereof  shall,  within  ten  days  after  said  order  shall 
have  been  posted  and  mailed  as  aforesaid,  or  within  such  shorter 
time,  not  less  than  twenty-four  hours,  as  in  said  order  may  be  speci- 
fied, be  vacated,  but  said  Board  of  Health  whenever  it  shall  become 
satisfied  that  the  danger  from  said  building  or  part  thereof  has 
ceased  to  exist,  or  that  said  building  has  been  repaired  so  as  to  be 
habitable,  may  revoke  said  order. 

Proceedings  for  condemnation  prescribed. 

Sec,  1316.  Whenever,  in  the  opinion  of  the  Board  of  Health 
of  the  City  of  New  York,  any  building  or  part  thereof  in  the  City  of 
New  York,  an  order  to  vacate  which  has  been  made  by  said  depart- 
ment, is,  by  reason  of  age,  defects  in  drainage,  plumbing,  infection 
with  contagious  disease,  or  ventilation,  or  because  of  the  existence 
of  a  nuisance  on  the  premises,  which  is  likely  to  cause  sickness 
among  its  occupants,  or  among  the  occupants  of  other  property  in 
the  City  of  New  York,  or  because  it  stops  ventilation    in    otlier 

625 


buildings,  or  otherwise  makes  or  conduces  to  make  other  build- 
ings adjacent  to  the  same  unfit  for  human  habitation,  or  dan- 
gerous or  injurious  to  health,  or  because  it  prevents  proper  measures 
from  being  carried  into  effect  for  remedying  any  nuisance  injurious 
to  health,  or  because  of  other  sanitary  evils  in  respect  of 
such  other  buildings,  so  unfit  for  human  habitation  that 
the  evils  in,  or  caused  by  said  building,  cannot  be  remedied 
by  repairs,  or  in  any  other  way  except  by  the  destruction 
of  said  building,  or  of  a  portion  of  the  same,  said  Board 
of  Health  may  if  it  deem  such  course  just  and  proper,  condemn 
the  same  and  order  it  removed,  provided,  however,  that  the  owner 
or  owners  of  said  building  may  demand  a  survey  of  said  building  in 
the  manner  provided  for  in  case  of  unsafe  buildings,  and  may  insti- 
tute proceedings  in  the  Supreme  Court  in  the  City  of  New  York 
for  the  condemnation  of  said  building.  Said  proceeding  shall  be 
instituted  through  a  petition  addressed  to  said  court  containing  a 
brief  statement  of  the  reasons  therefor,  and  shall  not  be  required  to 
contain  further  allegations  of  facts,  than  those  which  have  actuated 
the  Board  of  Health  in  this  proceeding,  which  shall  then  be  carri^ 
on  in  the  manner  prescribed  by  Chapter  XXI  of  this  Act. 
The  owner  of  said  building,  or  any  person  interested  therein 
may  in  his  answer  dispute  the  necessity  of  the  destruction 
of  said  building,  or  part  thereof,  as  the  case  may  be.^In 
such  case,  the  Court  shall  not  appoint  Commissioners  unless  proof 
is  made  of  the  necessity  of  said  destruction.  In  such  proceeding 
evidence  shall  be  receivable  by  the  Commissioners  to  prove: 

1.  That  the  rental  of  the  building  was  enhanced  by  reason  of 
the  same  being  used  for  illegal  purposes,  or  being  so  over-crowded 
as  to  be  dangerous  or  injurious  to  the  health  of  the  inmates;  or 

2.  That  the  building  is  in  a  state  of  defective  sanitation,  or  is 
not  in  reasonably  good  repair;  or 

3.  That  the  building  is  unfit,  and  not  reasonably  capable  of 
being  made  fit,  for  human  habitation ;  and,  if  the  Commissioners  are 
satisfied  by  such  evidence,  then  the  compensation — 

626 


(a).  Shall  in  the  first  case,  so  far  as  it  is  based  on  rental,  be 
on  the  rental  of  the  building,  as  distinct  from  the  ground  rent,  which 
would  have  been  obtainable  if  the  building  was  occupied  for  legal 
purposes,  and  only  by  the  number  of  persons  whom  the  building  was 
under  all  the  circumstances  of  the  case,  fitted  to  accommodate  with- 
out such  overcrowding  as  is  dangerous  or  injurious  to  the  healtfi 
of  the  inmates;  and 

(b).  Shall  in  the  second  case  be  the  amount  estimated  as  the 
value  of  the  building  if  it  had  been  put  into  a  sanitary  condition,  or 
into  reasonably  good  repair,  after  deducting  the  estimated  expense 
of  putting  it  into  such  condition  or  repair;  and  * 

(c).  Shall  in  the  third  case  be  the  value  of  the  materials  of  the 
building. 

For  the  payment  of  all  awards  and  the  expenses  of  all  such 
proceedings,  the  Comptroller  shall  issue  and  sell  from  time  to 
time  as  may  be  necessary  and  in  The  manner  hereinbefore  pro- 
vided, corporate  stock  of  The  City  of  New  York. 

Houses  hereafter  erected  to  comply  with  additional  requirements. 

Sec.  1317.  No  house  hereafter  erected  shall  be  used  as  a  tene- 
ment house  or  lodging-house,  and  no  house  heretofore  erected  and 
not  now  used  for  such  purpose,  shall  be  converted  into,  used,  or 
leased  for  a  tenement  or  lodging-house,  unless,  in  addition  to  the 
requirements  herinbefore  contained,  it  conforms  to  requirements 
contained  in  the  following  sections  of  this  title. 

Construction    of  tenement  houses  and  space    prescribed  for  building  the 
same. 

Sec.  1318.  It  shall  not  be  lawful,  without  a  permit  from  the 
Department  of  Buildings,  to  alter,  erect  or  convert  to  the  purposes 
of  a  tenement  or  lodging-house,  a  building  on  any  lot  where  there 
is  another  building  on  the  same  lot;  nor  shall  it  be  lawful  to  build 
or  to  erect  any  building  on  any  lot  whereon  there  is  already  a  tene- 
ment or  lodging-house,  unless  there  is  a  clear  open  space  exclusively 
belonging  thereto,  and  extending  upward  from  the  ground  of  at 
least  ten  feet  between  said  buildings  if  they  are  one  story  high  above 

627 


the  level  of  the  ground;  if  they  are  two  stories  high,  the  distance 
between  them  shall  not  be  less  than  fifteen  feet;  if  they  are  three 
stories  high,  the  distance  then  shall  not  be  less  than  twenty  feet; 
if  ithey  are  more  than  three  stories  high,  the  distance  between  them 
shall  not  be  less  than  twenty-five  feet,  but  when  thorough  ventila- 
tion of  such  open  spaces  can  be  otherwise  secured,  such  distances 
may  be  lessened  or  modified  in  special  cases  by  a  permit  from  the 
Department  of  Buildings.  At  the  rear  of  every  building  hereafter 
erected  for  or  converted  to  the  purposes  of  a  tenement  or  lodging- 
house  on  any  lot,  there  shall  be  and  remain  a  clear  open  space  of 
not  less  than  ten  feet  between  it  and  the  rear  end  of  the  lot.  No  one 
continuous  building  hereafter  constructed,  shall  be  built  or  con- 
verted to  the  purposes  of  a  tenement  or  lodging-house  in  the  City  of 
New  York,  upon  an  ordinary  city  lot,  and  no  existing  tenement  or 
lodging-house  shall  be  enlarged  or  altered,  or  its  let  be  diminished, 
so  that  it  shall  occupy  more  than  sixty-five  per  centum  of  the  area 
of  said  lot,  but  where  the  light  and  ventilation  of  such  tenement  or 
lodging-house,  are,  in  the  opinion  of  the  Superintendent  of  Build- 
ings, materially  improved,  he  may  permit  such  tenement  or  lodging- 
house  to  occupy  an. area  not  exceeding  seventy-five  per  centum  of 
the  said  lot,  and  in  the  same  proportion  if  the  lot  be  greater  or  less 
in  size  than  twenty-five  by  one  hundred  feet;  but  this  provision  shall 
not  apply  to  corner  lots,  in  which,  however,  no  such  building  here- 
after constructed,  above  the  first  story,  shall  occupy  more  than 
ninety-two  per  centum  of  the  area  of  a  lot,  and  no  such  building 
shall  come  within  five  feet  of  the  rear  of  said  lot,  pro- 
vided, further,  that  in  all  cases,  both  for  comer  and  interior  lots, 
the  interior  courts  or  shafts  shall  not  be  less  than  two  feet  four 
inches  wide  at  their  narrowest  parts.  In  computing  the  amount  of 
the  lot  covered  by  a  building,  any  shaft  or  court  of  less  than  twenty- 
five  square  feet  in  area  shall  be  considered  as  part  of  the  building  and 
not  as  part  of  the  free  air  space.  No  shaft  or  court,  over  ten  square 
feet  in  area,  hereafter  constructed  in  a  tenement  house  or  lodg- 
ing-house, except  elevator  shafts  or  staircase  wells,  shall  be  covered 
with  a  roof,  skylight  or  otherwise.     In  all  tenement  houses  here- 

628 


after  constructed  or  buildings  hereafter  converted  to  the  purposes 
of  a  tenement  house,  the  stairway  communicating  between  said 
cellar  or  basement  and  the  floor  next  above,  when  placed  within 
any  such  building,  shall  be  inclosed  with  brick  walls,  and  such  stair- 
way shall  be  provided  with  fire-proof  doors  at  the  top  and  bottom 
of  said  flight  of  stairs.  An  open  area,  shall  be  constructed  from  the 
level  of  the  cellar  to  the  sidewalk  in  front  and  extending  the 
full  width  of  such  houses,  with  a  staircase  to  give  access  to 
the  cellar  from  the  street.  Where  stores  are  located  on  the 
first  floor  the  area  may  be  covered  with  suitable  vault  lights 
or  gratings.  In  all  tenement  houses  hereafter  constructed, 
or  building  hereafter  converted  to  the  purposes  of  a  tene- 
ment house,  the  openings  to  the  elevators  or  lifts  in  the  cellar,  and  at 
every  opening,  on  every  story,  shall  be  provided  with  self-closing 
fire-proof  doors.  This  provision,  however,  shall  not  apply  to  such 
elevators  in  tenement  houses  as  are  operated  by  a  conductor 
stationed  within  the  car;  but  if  such  elevators  run  to  the  cellar,  they 
must  be  inclosed  in  the  cellar  with  fire-proof  walls,  and  the  door  to 
the  cellar,  if  any,  must  be  fire-proof  and  self-closing.  In  all  tene- 
ment houses  hereafter  constructed,  or  buildings  hereafter  converted 
to  the  purposes  of  a  tenement  house,  all  staircases  shall  be  fire- 
proof; but  this  provision  as  to  staircases  shall  not  apply  to  buildings 
which  are  not  over  five  stories  high  above  the  cellar,  and  which  con- 
tain not  more  than  three  suites  of  rooms  on  a  floor.  Every  tene- 
ment house  hereafter  constructed,  or  buildings  hereafter  converted 
to  the  purpose  of  a  tenement  house,  exceeding  three  stories  in 
height,  or  having  a  basement  with  three  stories  above  the  cellar,  shall 
have  the  entrance  hall  and  entire  stairwell  and  stairs,  built  of  slow- 
burning  construction  or  fire-proof  material;  no  wainscoting  shall 
be  allowed  in  the  main  halb  except  of  cement,  or  other  fire-proof 
material;  at  least  one  flight  of  such  stairs  shall  extend  to  the  roof, 
and  be  inclosed  in  a  bulkhead  building  of  fire-proof  material.  In 
all  tenement  houses  hereafter  constructed,  and  buildings  hereafter 
converted  to  the  purposes  of  a  tenement  house,  each  room  must  have 
a  separate  window  opening  into  the  outer  air;  each  water-closet 
must  have  a  window  opening  into  the  outer  air,  and  such  water- 

629 


closet  inclosure  if  provided  with  a  ventilating  flue  or  duct,  may  have 
the  window  opening  on  any  court  or  shaft  containing  at  least  twen- 
ty-five square  feet  in  area;  the  floor  of  each  water-closet  must  be 
made  water-proof  with  asphalt,  cement,  tile,  metal  or  some  other 
water-proof  material;  and  such  water-proofing  must  extend  at  least 
sixteen  inches  above  the  floor  except  at  the  door  opening  so  that 
said  floor  can  be  washed  or  flushed  out  without  leaking.    The  light 
and  ventilation,  of  all  buildings  hereafter  erected  for,  or  converted 
to  the  purpose  of  tenement  or  lodging-houses,  must  be  provided 
in  accordance  with  the  requirements  of  this  title,  and  the  conditions 
of  a  plan  and  permit  previously  approved  in  writing  by  the  De- 
partment of  Buildings,  and  no  existing  tenement  or  lodging-house 
shall  be  enlarged  or  altered  or  its  lot  diminished  without  a  similar 
permit.    The  Department  of  Buildings  is  hereby  empowered,  and  di- 
rected to  make  rules  and  regulations  not  inconsistent  with  the  re- 
quirements of  this  title,  and  which  in  addition  to  the  requirements 
of  this  title,  shall  be  the  conditions  of  approval  of  the  plans  and 
permits;  these  rules  and  regulations  shall  govern  the  arrangement 
and  distribution  of  the  uncovered  area,  size,  lighting,  location  and 
arrangement  of  shafts,  rooms,  cellars  and  halls.     No  building  or 
premises  occupied  for  a  tenement  house  shall  be  used  for  a  lodging- 
house,  private  school,  stable  or  for  the  storage  and  handling  of  rags, 
but  the  Department  of  Health  may,  by  a  special  permit,  fixing  the 
conditions  thereof  in  writing,  and  providing  there  be  the  necessary 
cubic  air  space  and  ventilation,  allow  the  maintenance  of  a  private 
school  in  such  a  house.    In  case  of  any  violation  of  the  provisions 
of  this  section,  or  of  any  failure  to  comply  with,  or  of  any  violation 
of  the  terms  and  conditions  of  the  plan  for  such  tenement  or  lodg- 
ing-house   approved    by    the    Department    of    Buildings,    or    of 
the    conditions    of    the    permits    granted    as    hereinbefore    pro- 
vided,    or    for    the     air,     light    and     ventilation     of     the     said 
house,     or     premises,     any     court     of     record,     or     any     judge 
or    justice    thereof    shall    have    power,  at  any  time  after  service 
of  notice   of  violation,   or   of   non-compliance,   upon   the   owner, 
builder  or  other  person  superintending  the  building  or  converting 

630 


any  such  house,  upon  proof  by  affidavit  of  any  violation  or  non- 
compliance as  aforesaid,  or  that  a  plan  for  light  and  ventilation  of 
such  house  has  not  been  approved  by  the  Department  of  Build- 
ings, to  restrain  by  injunction  order,  in  any  action  by  the  Department 
'  of  Buildings,  or  by  the  Board  of  Health,  the  further  progress  of 
any  violation  as  aforesaid.  No  undertaking  shall  be  required  as  a 
condition  of  granting  an  injunction,  or  by  reason  thereof. 

Dimensions  and  ventilation  of  rooms. 

Sec.  1B19.  In  every  such  house  hereafter  erected  or  converted 
every  habitable  room,  except  rooms  in  the  attic,  shall  be  in  every 
part  not  less  than  eight  feet  in  height  from  the  floor  to  the  ceiling; 
and  every  habitable  room  in  the  attic  of  any  such  building  shall  be 
at  least  eight  feet  in  height  from  the  floor  to  the  ceiling,  through- 
out not  less  than  one-half  the  area  of  such  room.  Every  such  room 
shall  have  at  least  one  window  connecting  with  the  external  air,  or 
over  the  door  a  ventilator  of  perfect  construction,  connecting  it 
with  a  room  or  hall  which  has  a  connection  with  the  external  air,  and 
so  arranged  as  to  produce  a  cross-current  of  air.  The  total  area  of 
window  or  windows  in  every  room  communicating  with  the  external 
air  shall  be  at  least  one-tenth  of  the  superficial  area  of  every  such 
room ;  and  the  top  of  one,  at  least,  of  such  windows  shall  not  be  less 
than  seven  feet  six  inches  above  the  floor,  and  the  upper  half,  at 
least,  shall  be  made  so  as  to  open  the  full  width.  Every  habitable 
room  of  a  less  area  than  one  hundred  superficial  leet,  if  it  does  not 
communicate  directly  with  the  external  air,  and  is  without  an  open 
fire-place  shall  be  provided  with  special  means  of  ventilation,  by  a 
separate  air  shaft  extending  to  the  roof,  or  otherwise,  as  the  Board 
of  Health  may  prescribe. 

Chimneys,  ash  receptacles,  water,  cellar  floor,  ceilings  and  gas  in  tenement 
houses. 

Sec.  1320.  Every  such  house  erected  after  May  fourteenth, 
eighteen  hundred  and  sixty-seven,  or  converted,  shall  have  adequate 
chimney  for  a  stove,  properly  connected  with  one  of  said  chimneys 

831 


for  every  family  set  of  apartments.  It  shall  have  proper  conven- 
iences and  receptacles  for  ashes  and  rubbish.  It  shall  have  water 
furnished  in  sufficient  quantity  at  one  or  more  places  on  each  floor, 
occupied  or  intended  to  be  occupied  by  one  or  more  families;  and 
all  tenement  houses  shall  be  provided  with  a  like  supply  of  water 
by  the  owners  thereof,  whenever  they  shall  be  directed  so  lo  do  by 
the  Board  of  Health.  But  a  failure  in  the  general  supply  of  water 
by  the  city  authorities,  shall  not  be  construed  to  be  a  failure  on  the 
part  of  such  owner,  provided  that  proper  and  suitable  appliances 
to  receive  and  distribute  such  water  are  placed  in  said  house.  The 
Board  of  Health  shall  require  all  tenement  houses  to  be  so  supplied. 
Every  tenement  house  shall  have  the  floor  of  the  cellar  made  water- 
tight; and  the  ceiling  plastered,  and  when  the  house  is  located  over 
filled-in  ground,  or  over  marshy  ground,  or  ground  on  which  water 
lies,  the  cellar  floor  shall  be  covered  so  as  to  effectually  prevent 
evaporation  or  dampness.  It  shall  be  the  duty  of  the  Department 
of  Health  to  see  that  the  cellars  of  all  tenement  houses  are  so  made 
or  altered  as  to  comply  with  this  section.  Every  such  house  erected 
after  May  seventh,  eighteen  hundred  and  eighty-seven,  or  con- 
verted, shall  have  the  halls  on  each  floor  open  directly  to  the  ex- 
ternal air,  with  suitable  windows,  and  shall  have  no  room  or  other 
obstruction  at  the  end,  unless  sufficient  light  or  ventilation  is  other- 
wise provided  for  in  said  halls,  in  a  manner  approved  by  the  Depart- 
ment of  Buildings.  The  owner  or  lessee  of  every  tenement  or  lodg- 
ing-house in  the  City  of  New  York  shall  keep  a  light  burning  in  the 
hallway  upon  each  floor  of  said  house  from  sunset  until  ten  p.  m. 
throughout  the  year.  In  every  tenement  house  in  the  said  city  in 
which  there  is  a  hallway  or  hallways  with  no  window  opening  from 
such  hallway  outside  of  said  house,  a  light  shall  be  maintained  by 
said  owner  or  lessee  in  each  such  hallway,  between  the  hours  of 
eight  a.  m.  and  ten  p.  m.  of  each  day  unless  said  hallway  shall  be 
otherwise  sufficiently  lighted.  The  Fire  Department  of  the  City 
of  New  York  is  hereby  vested  with  authority  to  prescribe  reasonable 
regulations  concerning  such  precautions  as  may  be  necessary  to 
prevent  danger  from  fire  arising  from  such  lights. 

632  ; 


Overcrowding  of  tenement  houi,es  prohibited;  housekeeper  in  same  required. 

Sec.  1321.  Whenever  it  shall  be  certified  to  the  Department 
of  Health  by  the  Sanitary  Superintendent,  or  an  Assistant 
Sanitary  Superintendent,  that  any  tenement  house  or  room 
therein,  being  without  sufificient  ventilation,  is  so  overcrowded 
that  there  shall  be  afforded  less  than  four  hundred  cubic  feet  of  air 
to  each  adult,  and  two  hundred  cubic  feet  of  air  to  each  child  under 
twelve  years  of  age,  occupying  such  building  or  room,  the  said  de- 
partment shall  issue  an  order  requiring  the  number  of  occupants 
of  such  building,  or  room,  to  be  reduced  in  accordance  with  this 
provision.  Whenever  there  shall  be  more  than  eight  families  living 
in  any  tenement  house,  in  which  the  owner  thereof  does  not  reside, 
there  shall  be  a  janitor,  housekeeper  or  some  other  responsible  per- 
son, who  shall  reside  in  the  said  house,  and  have  charge  of  the  same, 
if  the  Department  of  Health  shall  so  require.  Permits  may  be 
granted  by  the  Board  of  Health  to  the  owners  of  lodging-houses 
on  compliance  with  the  rules  and  regulations  of  the  Sanitary 
Code  in  the  City  of  New  York,  and  the  conditions  of  each  per- 
mit which  shall  be  in  writing. 

Penalties  for  violations  of  provisions  concerning  tenement  houses. 

Sec.  1322.  Every  owner  or  other  person  violating  any  provision 
of  this  title  shall  be  guilty  of  a  misdemeanor,  punishable  by  a  fine 
of  not  less  than  ten  dollars  or  more  than  one  hundred  dollars,  or  by 
imprisonment  for  not  more  than  ten  days  for  each  and  every  day 
that  such  violation  shall  continue,  or  by  both  such  fine  and  impris- 
onment, in  the  discretion  of  the  Court.  He  shall  also  be  liable  to 
pay  a  penalty  of  ten  dollars  for  each  day  that  such  offense  shall  con- 
tinue. Such  penalty  may  be  sued  for  and  recovered  by  the  Depart- 
ment of  Health  in  any  civil  tribunal  of  said  city,  and  when  recovered 
shall  be  paid  over  to  the  Chamberlain.  In  every  proceeding  for  a 
violation  of  this  title,  and  in  every  such  action  for  a  penalty,  it  shall 
be  the  duty  of  the  owner  of  the  house  to  prove  the  date  of  its  erec- 
tion, or  conversion  to  its  existing  use,  if  that  fact  shall  become  mate- 
rial, and  the  owner  shall  be,  prima  facie  the  person  liable  to  pay 
such  penalty,  and  after  him  the  person  who  is  the  lessee  of  the  whole 

633 


house,  in  preference  to  the  tenant  or  lessee  of  a  part  thereof.  In 
any  such  action  the  owner,  lessee,  and  occupant,  or  any  two  of 
them,  may  be  made  defendants,  and  judgment  may  be  given  against 
the  one  or  more  shown  to  be  liable,  as  if  he  or  they  were  sole  de- 
fendant or  defendants.  No  part  of  chapter  two  hundred  and  sev- 
enty-five of  the  laws  of  eighteen  hundred  and  ninety-two,  or  of  any 
other  Act  shall  be  so  construed  as  to  abrogate  or  impair  the  power 
of  the  Department  of  Health  to  sue  for  and  recover  such  a  penalty 
whether  the  liability  to  pay  said  penalty  shall  arise  from  a  violation 
of  the  laws,  or  ordinances  or  sections  of  the  Sanitary  Code,  in  re- 
gard to  light,  ventilation,  plumbing  and  drainage,  so  far  as  the  same 
aflfects  the  sanitary  condition  of  the  premises;  and  except  that  the 
Department  of  Buildings  of  the  City  of  New  York  shall  have  juris- 
diction and  cognizance  over  all  matters  and  things  in  this  title  con- 
tained which  relate  to  the  construction  or  alteration  of  buildings 
or  structures,  or  any  part  thereof,  and  as  to  the  light,  ventila- 
tion, drainage  and  plumbing  of  such  buildings  when  in  process 
of  construction  or  alteration.  Any  penalty  herein  above  men- 
tioned for  a  violation  of  the  provisions  of  this  title,  in  respect  to 
the  matter  aforesaid,  within  the  jurisdiction  and  cognizance  of 
the  Department  of  Buildings,  shall  be  sued  for  and  recovered  in 
the  same  manner  as  the  violations  of  the  building  laws  of  the 
City  of  New  York  are  now  sued  for  and  recovered  by  the 
Department  of  Buildings  in  the  City  of  New  York,  and  said 
penalty,  so  collected,  shall  be  paid  to  the  Chamberlain  of  the  City 
of  New  York  to  be  applied  as  other  penalties  collected  by  said  de- 
partments are  applied. 

Power  of  Department  of  Buildings  and  of  Board  of  Health    to  niake 
other  regulations  relative  to  tenement  or  lodging-houses. 

Sec.  1323.  The  Department  of  Buildings  shall  have  authority 
to  make  other  regulations  as  to  light  and  ventilation  of  all  new 
tenement  or  lodging-houses  consistent  with  the  foregoing,  when  it 
shall  be  satisfied  that  such  regulations  will  secure  equally  well  the 
health  and  safety  of  the  occupants;  likewise  the  Board  of  Health 
shall  have  authority  to  make  other  regulations  as  to  cellars  and  as 

634 


to  ventilation  in  completed  buildings,  consistent  with  the  foregoing, 
where  it  shall  be  satisfied  that  such  regulations  will  secure  equally 
well  the  health  of  the  occupants.  The  Board  of  Health  shall  have 
power  to  appoint  all  the  officers  and  agents  of  the  Department  of 
Health,  of  whatever  name  or  character  soever,  and  shall  have  exclu- 
sive charge  and  control  of,  and  the  exercise  of,  all  the  rights,  powers, 
duties  and  privileges  of  said  department,  and  for  this  purpose  the 
terms  "Board  of  Health"  and  "Department  of  Health,"  as  used  in 
this  chapter,  shall  be  deemed  synonymous. 

Sanitary  company  of  police. 

Sec.  1324.  The  Board  of  Health  shall  make  requisition 
upon  the  Police  Board  for  the  detail  of  at  least  fifty  and  not 
more  than  one  suitable  officers  and  men  of  at  least  five  years' 
service  in  the  police  force,  who  shall  be  selected  for  their 
peculiar  fitness,  for  the  enforcement  of  the  provisions  of  the 
Sanitary  Code  and  the  Acts  relating  to  tenement  and  lodging 
houses.  These  officers  and  men  shall  be  detailed  to  such  ser- 
vice by  the  Police  Board,  and  the  Department  of  Health  shall  pay 
to  the  Police  Department  monthly,  the  amount  of  the  pay  of  the 
officers  and  men  so  detailed,  who  shall  belong  to  the  Sanitary  Com- 
pany of  the  Police  and  shall  report  to  the  Board  of  Health.  At 
least  thirty  of  the  officers  and  men  so  detailed  shall  be  employed 
exclusively  in  the  enforcement  of  the  laws  relating  to  tenement 
and  lodging  houses.  The  Board  of  Health  may  report  back  to  the 
Police  Board  for  punishment,  any  member  of  said  company  guilty 
of  any  breach  of  orders  or  discipline,  or  of  neglecting  his  duty,  and 
thereupon  the  Police  Board  shall  detail  another  officer  or  man  in 
his  place,  and  the  discipline  of  the  said  members  of  the  Sanitary 
Company  shall  be  in  the  jurisdiction  of  the  Police  Department;  but 
at  c  ny  time  the  Board  of  Health  may  object  to  the  efficiency  of 
any  member  of  said  Sanitary  Company  and  thereupon  another 
officer  or  man  shall  be  detailed  in  his  place. 

This  chapter  a  remedial  statute. 

Sec.  1325.  This  chapter  is  hereby  declared  to  be  a  remedial 
statute  and  is  to  be  construed    liberally   to   secure   the    beneficial 

635 


interests  and  purposes  thereof.  Nothing  herein  contained  shall  be 
construed  to  attect  any  suit  or  proceeding  now  pending  in  any 
Court,  or  any  rights  acquired  or  liability  incurred,  or  any  cause  or 
causes  of  action  accrued  or  existing,  whether  for  a  penalty  or  other- 
wise, under  any  act  rejyealed  or  amended  by  this  act.  All  acts  and 
parts  of  acts  in  conflict  with  this  chapter  or  any  part  thereof  are 
hereby  repealed. 


Title  8. 
the  health  department  pension  fund. 

Board  of  Trustees  of  Health  Department  Pension  Fund. 

Section  1331.  The  Board  of  Health  of  the  Health  Department 
of  the  City  of  New  York  is  hereby  constituted,  and  shall  be  a  Board 
of  Trustees  of  the  Health  Department  Pension  Fund  heretofore,  and 
herein,  authorized  and  provided  for.  The  members  of  said  Board 
of  Health  shall  annually  choose  one  of  thedr  number  to  be  dhairman 
of  the  Board  of  Trustees  of  the  H^lth  Department  Pension  Fund, 
and  shall  from  time  to  time  elect  a  secretary.  Immediately  upon 
organization,  said  Board  of  Trustees  shall  receive  and  have  charge 
of  the  pension  fund,  or  funds  heretofore  authorized,  and  in  existence 
in  any  Health  Department,  Municipality,  or  County,  forming  a  part 
of  the  City  of  New  York,  provided  for  officers,  physicians,  and  em- 
ployees in  the  Health  Department  service,  and  such  Board  of  Trus- 
tees shall  have  charge  of,  and  administer  the  pension  fund  authorized 
and  provided  for  herein.  From  time  to  time  the  said 
Board  of  Trustees  shall  invest  the  said  pension  fund  or 
or  any  part  thereof,  as  it  shall  deem  most  beneficial  to 
the  fund.  Said  Board  is  empowered  to  make  all  neces- 
sary contracts  and  take  all  necessary  and  proper  actions  and 
proceedings  in  the  premises,  and  to  make  payment  from  said  fund 
of  pensions  granted  in  pursuance  of  this  Act.      The  said  trustees 

636 


shall,  from  time  to  time,  establish  such  rules  and  regulations  for  the 
adiministnation  of  the  said  fund  as  they  may  deem  best.  They  shall 
report  in  detail  to  the  Mayor  of  the  City  of  New  York  annually  in 
the  month  of  January,  the  condition  of  said  fund  and  the  items  of 
their  receipts  and  disbursements  on  account  of  the  same.  No 
payments  vvhatever  sihall  be  allowed  to,  or  made  by,  such  trus- 
tees as  reward,  gratuity,  or  compensation  to  any  person  for  salary 
or  services  rendered  to,  or  for,  said  Board  of  Trustees. 

What  moneys  shall  be  included  in  Pension  Fund. 

Sec.  1332.  The  Health  Department  Pension  Fund  shall 
consist  of 

1.  All  moneys  paid  for  searches  aed  transcripts  of  the  records  of 
births,  marriages,  and  deaths,  or  other  papers  of  said  Department 
of  Health. 

2.  All  moneys  odllected  from  fines  and  penalties  for  violations  of 
the  Sanitary  Code  or  Health  Laws  in  the  City  of  New  York. 

3.  All  said  moneys,  including  the  fines  and  penalties  directed  in 
section  1222  of  this  Act,  to  be  paid  to  the  Comptroller,  shall 
within  thirty  days  after  collection  of  payment,  be  paid  over 
by  the  department,  officers,  clerks,  magistrates  and  courts,  receiving 
and  collecting  the  same,  to  the  said  Board  of  Trustees  of  the  Health 
Department  Pension  Fund. 

Pension  for  physician  or  employee  disabled  by  reason  of  performance 
of  duty. 

Sec.  1333.  The  Board  of  Trustees  of  said  fund  shall  have  power 
to  grant  as  pension  to  any  physician  emplcn^ed  in  the  Health  Depart- 
ment of  the  City  of  New  York,  or  to  any  employee  of  the  disenfect- 
ing  corps  of  said  department,  or  to  any  employee  of  the  hospitals  for 
Hhe  treatment  of  contagious  and  infectious  diseases  under  the  charge 
of  said  Health  Department  or  of  the  Board  of  Health,  who  shall, 
wlhilst  in  the  actual  performance  of  has  duty,  and  without  any  fault  or 
misconduct  on  his  part,  have  become  permanently  disabled  physically 
or  mentally,  so  as  to  be  unfit  to  perform  full  duty,  a  sum  not  to  exceed 
one-ihalf,  nor  iless  than  one-fourth  of  his  rate  of  comipensation  per 
annum  as  such  physician  or  employee,  as  the  case  may  be. 

637    . 


Pensions  to  personal  representatives  of  physician  or  employee  who 
shall  die  front  disease  or  injuries  suffered  in  consequence  of 
his  performance  of  duty. 

Sec.  1334.  Whenever  such  physician  or  employee  shall  die  while 
in  the  service  of  the  Health  Department  from  disease  contracted  or 
injuries  sustained  by  him  while  in  the  actual  performance  of  his  duty, 
without  any  fault  or  misconduct  on  his  part,  leaving  a  widow,  the 
said  Board  of  Trustees  of  said  Pension  Fund  may  grant,  award  or 
pay  to  the  widow  of  said  physician  or  employee  the  sum  of  three 
hundred  dollars,  annually,  during  her  life,  or  so  long  as  she  remains 
a  widow;  and  if  there  be  no  widow  of  any  such  physician  or  em- 
ploye, but  he  shall  leave  minor  children  under  eighteen  surviving 
him,  then  said  three  hundred  dollars  may  be  given,  awarded  and  paid 
to  said  children  under  eighteen  y^rs  of  age. 

Certificate  required  in  certain  cases. 

Sec.  1335.  No  physician  or  employee,  as  aforesaid,  of  the  Health 
Department,  shall  be  awarded,  granted,  or  paid  a  pension  on  ac- 
count of  physical  or  mental  disability  or  disease,  unless  upon  certifi- 
cate and  report  of  a  board  of  physicians,  to  be  appointed  by  the  Board 
of  Health,  which  shall  set  forth  the  cause,  nature,  and  extent  of  the 
disability,  disease  or  injury  of  such  physician  or  employee  who 
may  be  placed  on  the  pension  roll,  and  such  certificate  shall  dis- 
tinctly state  whether  or  not  such  disability,  disease,  or  injury  was 
incurred  or  sustained  by  such  physician  or  employee  while  in  the 
performance  of  his  duties  as  such  physician  or  employee,  of  the 
Health  Department,  and  such  certificate  shall  in  such  case  be  filed 
with,  and  entered  upon  the  minutes  of  the  Board  of  Health. 

Pension  for  twenty  years"  service. 

Sec.  1336.  Any  such  physician  or  employee  who  has 
or  shall  have  performed  duty  as  such  physician  or  em- 
ployee in  the  medical  service,  or  as  a  clerk,  in  any  De- 
partment of  Health  in  the  City  of  New  York,  for  a  period  of 
twenty  years,  or  upwards,  upon  his  own  application,  in 
writing,  or  upon  a  certificate  and  report  of  a  board  of  physicians, 
appointed  by  the  Board  of  Health,  certifying  that  such  physician 

638 


or  employee  is  permanently  disabled  so  as  to  be  unfit  for  further 
duty  as  such  physician  or  employee,  shall  be  retired  from  active 
service  by  resolution  of  the  Board  of  Health  of  the  Health  Depart- 
ment of  the  City  of  New  York,  and  placed  upon  the  Health  Depart- 
ment service,  of  the  rank  of  the  physician  or  employee  so  retired, 
paid  from  said  Health  Department  Pension  Fund  iby  the  trustees 
thereof,  on  annual  sum  during  his  lifetime,  not  exceeding  one-half 
the  ordinary  full  pay  of  a  physician  or  employee  in  the  Health  De- 
partment service,  of  the  rank  of  the  physician  or  employee  so  retired, 
provided,  however,  that  no  pension  granted  under  this,  or  the  pre- 
ceding sections,  shall  exceed  the  sum  of  twelve  shundred  dollars 
per  annum.  Pensionis  granted  under  this  section  shall  be  for  the 
natural  life  of  the  person  receiving  the  saime,  and  shall  not  be  re- 
voked, repealed,  or  diminished.  In  determining  the  term  of  service 
of  any  such  physician  or  employee,  under  this  section,  service  in 
former  Health  Departments  or  Boards  of  Health  having  jurisdiction 
in  matters  of  public  health  in  any  part  of  the  City  of  New  York, 
shall  be  counted  and  held  to  be  service  in  the  Department  of  Health 
of  the  City  of  New  York. 

Order  of  discontinuance  of  pension  in  certain  cases. 

Sec.  1337.  The  Board  of  Health  may,  in  its  discretion, 
order  any  pension  granted  or  any  part  thereof  to  cease, 
except  as  provided  in  the  last  preceding  section,  but  in 
all  such  cases  the  said  Board  of  Health,  shall  file  with 
the  Board  of  Trustees  of  the  Health  Department  Pen- 
sion Fund,  a  written  statement  of  the  causes  determining 
the  aiotion  of  the  said  Board  of  Health  in  ordering  any  pension  to 
so  cease;  and  nothing  in  this  Act  or  in  any  other  Act,  shall  render 
the  granting  or  payment  of  such  pension  Obligatory  on  the  Board  of 
Health,  or  upon  the  Trustees  of  the  Health  Department  Pension 
Fund,  or  chargeable  as  a  matter  of  right  upon  said  fund,  except  as 
provided  in  the  last  preceding  section. 

Repeal  of  Acts  inconsistent  with  this  Title. 

Sec.  1339.     All  Acts  and   parts  of  Acts  inconsistent  with 
this  Title  are  hereby  repealed. 

639 


CHAPTER  XX. 

INFERIOR  LOCAL  COURTS. 

Title  i.  The  City  Court  of  New  York. 

Title  2.  The  Municipal  Court  of  the  City  of  New  York 

Title  3.  Inferior  Courts  of  Criminal  Jurisdiction. 

Title  4.  The  Marshals. 

Title  i. 

the   city   COURT   OF   NEW   YORK. 

Section  1345.  The  City  Court  shall  be  continued,  and  said 
Court  and  the  Justices  thereof  shall  have  the  same  powers 
and  jurisdiction  as  are  now  conferred  upon  them  by  law, 
provided,  however,  that  in  Sections  338,  3165,  3169,  3170  and 
3268  of  the  Code  of  Civil  Procedure  the  word  *'  city  "  shall 
be  construed  to  mean  and  apply  to  the  territory  within  the 
City  of  New  York  as  it  existed  and  was  constituted  prior  to 
the  sixth  day  of  June,  eighteen  hundred  and  ninety-five. 

Sec.  1346.  The  Justices  of  said  City  Court  in  office  when 
this  act  shall  take  effect  shall  continue  to  hold  office  until 
the  expiration  of  their  respective  terms ;  but  the  successors 
of  said  Justices  shall  be  elected  for  and  hold  office  for  the 
period  of  ten  years. 


Title  2. 

the   municipal  court   of  the   city   of  new   YORK. 
Courts,  &c.,  abolished. 

Section  1350.  From  and  after  midnight  of  the  thirty-first 
day  of  January,  one  thousand  eight  hundred  and  ninety- 
eight,  the  Justices'  Courts  and  the  office  of  Justice  of   the 

640 


Peace  in  the  cities  of  Brooklyn  and  Long  Island  City  are 
abolished,  and  all  jurisdiction,  power,  authority  and  duty 
theretofore  vested  in  said  Courts  and  Justices  of  the  Peace, 
and  in  the  clerks,  officers,  interpreters,  stenographers  and 
employees  of  said  Courts  and  Justices  shall  cease  and  de- 
termine, except  as  provided  in  the  next  section  and  section 
1372  of  this  Act ;  and  from  and  after  the  passage  of  this  Act 
no  person  shall  be  elected  to  the  office  of  District  Court 
Justice  or  Justice  of  the  Peace  in  any  portion  of  the  terri- 
tory included  within  the  City  of  New  York  as  constituted 
by  this  Act. 

Municipal  Court  created. 

Sec.  135 1.  On  and  after  the  first  day  of  January,  1898,  the 
District  Courts  of  the  City  of  New  York  and  the  Justices, 
Courts  of  the  First,  Second  and  Third  Districts  of  the  City 
of  Brooklyn  are  hereby  continued,  consolidated  and  re- 
organized under  the  name  of  *'  The  Municipal  Court  of  the 
City  of  New  York,"  which  said  Court  shall  be  a  local  civil 
court  within  the  City  of  New  York  as  constituted  by  this 
act,  and  shall  not  be  a  court  of  record  or  have  any  equity 
jurisdiction ;  but  shall  have  the  jurisdiction,  powers,  duties 
and  organization  hereinafter  prescribed. 

Justices. 

Sec.  1352.  The  said  Court  shall  be  held  by  Justices  to  be 
elected  or  appointed  as  follows : 

1.  The  Justices  of  said  District  Courts  of  the  City  of  New 
York  and  said  Justices  of  the  Peace  in  the  first,  second 
and  third  districts  of  the  City  of  Brooklyn,  in  office  on  the 
first  day  of  January,  1898,  shall  continue  for  the  remainder 
of  the  terms  for  which  they  were  elected  or  appointed,  and 
shall  be  called  Justices  of  the  Municipal  Court  of  the  City 
of  >few  York,  and  shall  have  all  the  powers  and  jurisdiction 
and  be  subject  to  all  the  duties  and  requirements  hereinafter 
prescribed  for  Justices  of  said  Municipal  Courts. 

Election  of  successors. 

2.  The  successors  of  the  Justices  mentioned  in  the  first 
subdivision  of  this  section  shall  be  elected  by  the  electors  of 

641 


the  districts  for  which  said  Justices  were  elected  or  ap- 
pointed respectively,  as  described  and  renumbered  in  sec- 
tions 1359,  1360  and  1 361  of  this  Act,  at  the  general  elec- 
tion to  be  held  in  the  year  at  the  end  of  which  the  terms  of 
said  Justices  shall  expire. 

Id.   When  terms  expire  in  iSgy. 

3.  There  shall  be  elected  at  the  general  election  to  be 
held  on  the  first  Tuesday  succeeding  the  first  Monday  of 
November,  in  the  year  one  thousand  eight  hundred  and 
ninety-seven  as  many  Justices  of  said  Municipal  Court  as 
there  shall  be  Justices  of  the  said  District  Courts  in  the  City 
of  New  York  or  Justices  of  the  Peace  of  the  said  first, 
second  and  third  districts  in  the  City  of  Brookl3"n  whose 
terms  expire  at  the  end  of  year  1897.  Such  Justices  shall 
be  elected  by  the  electors  of  the  districts  for  which  such 
Justices  whose  terms  expire  in  1897  were  elected  or  ap- 
pointed, as  described  and  renumbered  in  sections  1359, 
1360  and  1 361  of  this  Act. 

Additional  Justices. 

4.  On  or  before  the  twentieth  day  of  January,  one  thou- 
sand eight  hundred  and  ninety-eight,  the  Mayor  of  the  City 
of  New  York  shall  appoint  seven  additional  Justices  of  said 
Municipal  Court,  two  of  whom  shall  be  residents  of  the 
fourth  and  fifth  districts  of  the  Borough  of  Brooklyn, 
three  of  whom  shall  be  residents  of  the  first,  second  and 
third  districts  of  the  Borough  of  Queens,  and  two  of  whom 
shall  be  residents  of  the  first  and  second  districts  of  the 
Borough  of  Richmond,  respectively.  The  Justices  so 
appointed  shall  hold  office  till  the  31st  day  of  December, 
1899,  ^nd  their  successors  shall  be  elected  at  the  general 
election  to  be  held  in  the  year  1899,  and  shall  be  residents 
of  the  same  districts  as  the  Justices  appointed  pursuant  to 
this  subdivision. 

Qualifications,  &c.,  of  Justices. 

Sec.  1353.  No  one  shall  hereafter  be  eligible  to  the  office 
of  Justice  of  the  said  Municipal  Court  unless  he  be  a  resident 

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and  elector  in  the  district  for  which  he  shall  be  elected  or 
appointed  and  has  been  an  attorney  and  counsellor-at-law 
of  the  State  of  New  York  for  at  least  five  years.  None  of 
said  Justices  shall  engage  in  any  other  business  or  profession 
or  hold  any  other  public  office  or  act  as  Referee,  but  each 
of  such  Justices  shall  devote  his  whole  time  and  capacity, 
so  far  as  the  public  interest  demands,  to  the  duties  of  his 
office ;  provided,  however,  that  this  restriction  shall  not 
apply  to  the  Justices  of  said  Court  mentioned  in  sub- 
division one  of  section  1352  of  this  Act. 

Oath. 

Sec.  1354.  The  Justices  elected  or  appointed  pursuant  to 
this  Act  shall,  before  entering  upon  their  duties,  take  the 
oath  of  office  prescribed  by  the  Constitution,  and  file  the 
same  with  the  City  Clerk. 

Salary. 

Sec.  1355.  The  salary  of  each  of  said  Justices,  except 
those  appointed  or  elected  from  the  Boroughs  of  Queens 
and  Richmond,  shall  be  six  thousand  dollars  a  year,  to  be 
paid  in  equal  monthly  installments  by  the  proper  officers  of 
said  city,  and  the  salary  of  each  of  said  Justices  appointed 
or  elected  for  the  Boroughs  of  Queens  and  Richmond  shall 
be  five  thousand  dollars  a  year,  to  be  paid  in  the  same 
manner. 

Terms. 

Sec.  1356.  The  terms  of  said  Justices  to  be  elected  pur- 
suant to  this  title  shall  be  ten  years. 

Vacancies. 

Sec.  1357.  Vacancies  occurring  in  the  office  of  Justice  of 
said  Court  shall  be  filled  at  the  next  ensuing  general  election 
for  the  unexpired  term  commencing  on  the  first  day  of 
January  next  after  said  election ;  and  the  Mayor  of  the 
City  shall  appoint  some  proper  person  to  fill  such  vacancy 
in  the  interim  within  twenty  days  after  the  same  occurs. 

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Districts. 

Sec.  1358.  The  several  Boroughs  composing  the  City  of 
New  York  are  hereby  divided  into  districts,  in  each  of 
which  sessions  of  said  Municipal  Court  shall  be  held,  as 
specified  in  the  next  five  sections. 

Borough  of  the  Bronx. 

Sec.  1359.  In  the  Borough  of  the  Bronx  there  shall  be 
two  districts,  as  follows  : 

1.  The  first  district  embracing  the  territory  described  in 
Chapter  934  of  the  Laws  of  1895. 

2.  The  second  district  embracing  the  remainder  of  said 
Borough. 

Borough  of  Manhattan. 

Sec.  1360.  In  the  Borough  of  Manhattan  [there  shall  be 
eleven  districts,  as  follows  : 

1.  The  First  District  embraces  the  Third,  Fifth  and 
Eighth  Wards  of  said  Borough  of  Manhattan,  and  all  that 
part  of  the  First  Ward  lying  west  of  Broadway  and  White- 
hall street,  including  Nuttin  or  Governor's  Island,  Bedloe's 
Island,  Bucking  or  Ellis  Island  and  the  Oyster  Islands. 

2.  The  Second  embraces  the  Second,  Fourth,  Sixth  and 
Fourteenth  Wards,  and  all  that  portion  of  the  First  Ward 
lying  south  and  east  of  Broadway  and  Whitehall  street. 

3.  The  Third  District  embraces  the  Ninth  and  Fifteenth 
Wards. 

4.  The  Fourth  District  embraces  the  Tenth  and  Seven- 
teenth Wards. 

5.  The  Fifth  District  embraces  the  Seventh,  Eleventh 
and  Thirteenth  Wards. 

6.  The  Sixth  District  embraces  the  Eighteenth  and 
Twenty-first  Wards. 

7.  The  Seventh  District  embraces  the  Nineteenth  Ward. 

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8.  The  Eighth  District  embraces  the  Sixteenth  and  Twen- 
tieth Wards. 

9.  The  Ninth  District  embraces  the  Twelfth  Ward,  ex- 
cept that  portion  thereof  which  lies  west  of  the  centre  line 
of  Lenox  or  Sixth  avenue  and  of  the  Harlem  River  north 
of  the  terminus  of  Lenox  avenue. 

10.  The  Tenth  District  embraces  the  Twenty-second 
Ward  and  all  that  portion  of  the  Twelfth  Ward  which  is 
bounded  on  the  north  by  the  centre  line  of  One  Hundred 
and  Tenth  street,  on  the  south  by  the  centre  line  of  Eighty- 
sixth  street,  on  the  east  by  the  centre  line  of  Sixth  avenue 
and  on  the  west  by  the  North  River. 

11.  The  Eleventh  District  embraces  that  portion  of  the 
Twelfth  Ward  which  lies  north  of  the  centre  line  of  West 
One  Hundred  and  Tenth  street  and  west  of  the  centre  line 
of  Lenox  or  Sixth  avenue  and  of  the  Harlem  River  north 
of  the  terminus  of  Lenox  or  Sixth  avenue. 

Borough  of  Brooklyn. 

Sec.  1 361.  In  the  Borough  of  Brooklyn  there  shall  be 
five  districts,  as  follows  : 

1.  The  First  District  embraces  the  First,  Second,  Third, 
Fourth,  Fifth,  Sixth,  Tenth  and  Twelfth  Wards. 

2.  The  Second  District  embraces  the  Seventh,  Eighth, 
Ninth,  Eleventh,  Twentieth,  Twenty-first,  Twenty-second 
and  Twenty-third  Wards. 

3.  The  Third  District  embraces  the  Thirteenth,  Four- 
teenth, Fifteenth,  Sixteenth,  Seventeenth,  Eighteenth  and 
Nineteenth  Wards. 

4.  The  Fourth  District  embraces  the  Twenty-fourth, 
Twenty-fifth,  Twenty-sixth,  Twenty-seventh  and  Twenty- 
eighth  Wards. 

5.  The  Fifth  District  embraces  the  Twenty-ninth,  Thir- 
tieth, Thirty-first  and  Thirty-second  Wards. 

Borough  of  Queens. 

Sec.  1362.  In  the  Borough  of  Queens  there  shall  be  three 
districts,  as  follows : 

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1.  The  First  District  embraces  Ward  One  of  said  Bor- 
ough. 

2.  The  Second  District  embraces  Wards  Two  and  Three 
of  said  Borough. 

3.  The  Third  District  embraces  Wards  Four  and  Five  of 
said  Borough. 

Borough  of  Richmond. 

Sec.  1363.  In  the  Borough  of  Richmond  there  shall  be 
two  districts,  as  follows : 

1.  The  First  District  embraces  Wards  One  and  Three  of 
said  Borough. 

2.  The  Second  District  embraces  Wards  Two,  Four  and 
Five  of  said  Borough. 

Jurisdiction. 

Sec.  1364.  Except  as  provided  in  the  next  section  the  said 
Municipal  Court  has  jurisdiction  in  the  following  civil  ac- 
tions and  proceedings,  including  an  action  against  a  domestic 
corporation  or  a  foreign  corporation  having  an  office  in  the 
City  of  New  York  : 

1.  An  action  to  recover  damages  upon  or  for  breach  of 
contract,  express  or  implied,  other  than  a  promise  to 
marry,  where  the  sum  claimed  does  not  exceed  five  hun- 
dred dollars. 

2.  An  action  to  recover  damages  for  a  personal  injury  or 
an  injury  to  property,  excepting,  however,  actions  to  re- 
cover damages  for  an  assault,  battery,  malicious  prosecution, 
false  imprisonment,  libel,  slander,  criminal  conversation, 
seduction,  or  loss  of  society  of  a  husband  or  wife,  where  the 
sum  claimed  does  not  exceed  five  hundred  dollars. 

3.  An  action  for  a  fine  or  penalty  not  exceeding  five 
hundred  dollars,  including  an  action  to  recover  a  penalty 
given  by  the  Charter  of  the  City  of  New  York  or  any  by- 
law or  ordinance  thereof  or  by  any  statute  of  the  State. 

4.  An  action  upon  a  bond  conditioned  for  the  payment 
of  money  where  the  sum  claimed  to  be  due  does  not  exceed 

646 


five  hundred  dollars,  the  judgment  to  be  rendered  for  the 
sum  actually  due.  Where  the  sum  secured  by  the  bond  is 
to  be  paid  in  installments  an  action  may  be  brought  for 
each  installment  as  it  becomes  due. 

5.  An  action  upon  a  surety  bond  or  undertaking  taken  in 
said  court  or  in  any  District  Court  of  the  City  of  New  York 
or  by  any  justice  of  the  peace. 

6.  An  action  upon  a  judgment  rendered  in  said  court  or 
in  a  district  court  of  the  City  of  New  York  or  in  a  Justices' 
Court,  or  in  the  Municipal  Court  of  the  City  of  Rochester, 
or  in  the  Municipal  Court  of  the  City  of  Syracuse,  or  in  the 
Municipal  Court  of  the  City  of  Buffalo. 

7.  An  action  to  recover  one  or  more  chattels  with  or 
without  damages  for  the  taking,  withholding  or  detention 
thereof  where  the  value  of  the  chattel  or  of  all  the  chattels 
as  stated  in  the  affidavit  made  on  the  part  of  the  plaintiff 
does  not  exceed  five  hundred  dollars,  subject  to  the  qualifica- 
tions specified  in  Sections  1689,  1690,  1691  and  1692  of  the 
Code  of  Civil  Procedure. 

8.  An  action  in  behalf  of  the  People  of  the  State  brought 
by  the  direction  of  a  Commissioner  of  Public  Charities  or 
of  an  Overseer  of  the  Poor  upon  a  bastardy  or  abandon- 
ment bond  in  a  case  where  it  is  prescribed  by  law  that 
such  an  action  can  be  maintained  in  said  Municipal  Court 
of  the  City  of  New  York  or  in  any  court  not  being  a  court 
of  record. 

9.  An  action  to  recover  damages  for  an  escape  from  the 
jail  liberties  as  provided  by  Chapter  two.  Title  two,  Articles 
four  and  five  of  the  Code  of  Civil  Procedure,  where  the 
sum  claimed  does  not  exceed  one  hundred  dollars. 

10.  An  action  upon  the  bond  of  a  Marshal  of  the  City  of 
New  York  in  a  case  where  it  is  prescribed  by  a  special 
statutory  provision  that  such  an  action  can  be  maintained 
in  a  District  Court  or  in  said  Municipal  Court. 

11.  An  action  for  damages  for  fraud  or  deceit  in  the  sale, 
purchase  or  exchange  of  personal  property  where  the  dam- 
ages claimed  do  not  exceed  five^hundred  dollars.^ 

647 


12.  A  summary  proceeding  under  Title  two  of  Chapter 
seventeen  of  the  Code  of  Civil  Procedure  to  recover  pos- 
session of  real  property  which,  or  a  portion  of  which,  is 
situated  within  the  district  wherein  the  application  for  such 
recovery  is  made. 

13.  To  render  judgment  upon  the  confession  of  the  de- 
fendant or  defendants  as  prescribed  in  Title  six  of  Chapter 
nineteen  of  the  Code  of  Civil  Procedure  where  the  sum  con- 
fessed does  not  exceed  five  hundred  dollars. 

14.  Other  civil  actions  or  proceedings  of  which  district 
courts  in  the  City  of  New  York  or  Justices  of  the  Peace 
shall  have  jurisdiction  on  the  31st  day  of  December,  1897, 
except  such  as  shall  be  expressly  excluded  by  this  Act. 

Id.  continued. 

Sec.  1365.  The  said  Municipal  Court  cannot  take  cog- 
nizance of  any  civil  action  in  either  of  the  following  cases : 

1.  Where  the  title  to  real  property  comes  in  question  as 
prescribed  in  Title  third  of  Chapter  nineteen  of  the  Code 
of  Civil  Procedure,  and  Sections  2951  to  2958  of  said  Code, 
both  inclusive,  apply  to  an  action  brought  in  said  court; 
and  in  an  action  brought  in  said  court  the  surety  upon  the 
defendant's  undertaking  is  liable  in  the  case  specified  in 
Section  2952  of  said  Code  to  any  amount  for  which  judg- 
ment might  have  been  rendered  by  said  Court  if  the  an- 
swer and  undertaking  had  not  been  delivered.  The  pro- 
visions of  §  1349  of  Chapter  410  of  the  Laws  of  1882  shall 
govern  in  such  cases. 

2.  Where  the  action  is  brought  against  an  executor  or 
administrator  as  such  and  the  amount  claimed  is  in  excess 
of  fifty  dollars. 

3.  Where  the  action  is  against  The  City  of  New  York  as 
hereby  constituted. 

4.  Where,  in  a  matter  of  account,  the  sum  total  of  the  ac- 
counts of  both  parties,  proved  to  the  satisfaction  of  the 
Court,  exceeds  one  thousand  dollars. 

648 


Removal. 

Sec.  1366.  In  an  action  specified  in  the  last  section  but  one, 
excepting  Subdivisions  Eight  and  Ten,  where  the  damages 
claimed  or  the  value  of  the  chattel  or  all  the  chattels  claimed, 
as  stated  in  the  complaint,  exceeds  two  hundred  and  fifty 
dollars,  the  defendant  may,  after  issue  is  joined  and  before 
an  adjournment  has  been  granted  upon  his  application, 
apply  to  the  Justice  holding  court  in  the  district  in  which 
the  action  is  brought  for  an  order  removing  the  action,  and 
if  it  be  m  the  Second  District  of  the  Borough  of  the  Bronx 
or  in  any  district  of  the  Borough  of  Manhattan  to  the  City 
Court  of  the  City  of  New  York,  if  in  any  other  district  into 
the  County  Court  of  the  county  wherein  the  district  is 
situated,  if  the  said  County  Court  has  jurisdiction  of  such 
action,  otherwise  into  the  Supreme  Court  in  such  county. 
Such  an  order  must  be  granted  upon  the  defendant's  filing^ 
with  the  Clerk  an  undertaking  in  a  sum  fixed  by  the  Justice 
not  exceeding  twice  the  amount  of  the^damages  claimed  or 
twice  the  value  of  the  chattel  or  of  all  the  chattels  claimed, 
as  stated  in  the  complaint,  with  one  or  more  sureties,  to  the 
effect  that  the  defendant  will  pay  to  the  plaintiff  the  amount 
of  any  judgment  that  may  be  recovered  against  him  in  the 
court  to  which  such  action  shall  be  so  removed.  From  the 
time  of  grantmg  the  order  the  City  Court  or  County  Court 
or  Supreme  Court,  as  the  case  may  be,  has  cognizance  of  the 
action,  and  the  Clerk  of  the  District  must  forthwith  deliver 
to  the  Clerk  of  such  Court  to  which  the  action  shall  be  re- 
moved all  process,  pleadings  and  other  papers  in  the  action 
and  certified  copies  of  all  minutes,  entries  and  orders  re- 
lating thereto,  which  must  be  filed,  entered,  or  recorded 
as  the  case  requires  in  the  latter's  office. 

Appeals. 

Sec.  1367.  I.  An  appeal  from  a  judgment  rendered  in  the 
Municipal  Court  of  the  City  of  New  York  may  be  taken  to 
the  Supreme  Court  in  the  cases  and  in  the  manner  prescribed 
in  Articles  First  and  Second  of  Title  Eight  of  Chapter 
Nineteen  of  the  Code  of  Civil  Procedure.  Such  appeal 
shall  be  heard  in  such  manner  and  by  such  Justice  or  Jus- 

649 


tices  as  the  Appellate  Division  ot  the  Supreme  Court  in  the 
Judicial  Department  embracing  the  district  wherein  the  ac- 
tion is  brought  shall  direct.  The  appellate  court  may  re- 
verse, affirm  or  modify  the  judgment  appealed  from,  and 
where  a  judgment  is  reversed,  may  order  a  new  trial  in  the 
Municipal  Court  in  the  district  in  which  the  action  was 
brought.  Where  a  judgment  is  modified  or  a  new  trial  is, 
ordered  costs  shall  be  in  the  discretion  of  the  Appellate 
Court. 

2,  in  all  cases  of  ?appeal  from  the  decision  of  the  said 
Municipal  Court,  where  a  transcript  of  the  stenographer's 
minutes  of  testimony  on  the  trial  becomes  a  necessary  part 
of  the  Justice's  return,  the  stenographer's  fees  for  making 
such  transcript  shall  be  at  the  rate  of  five  cents  for  every 
hundred  words  and  be  paid  in  the  first  instance  by  the  ap- 
pellant and  afterwards  taxable  by  him  as  a  disbursement 
on  the  appeal. 

Process. 

Sec.  1368.  The  Municipal  Court  in  any  district  shall  have 
power  to  send  its  process  and  other  mandates  in  an  action 
or  special  proceeding  of  which  it  has  jurisdiction  into  any 
district  or  part  of  the  City  of  New  York  for  service  or  ex- 
ecution and  to  enforce  obedience  thereto,  and  such  pro- 
cess and  mandates  may  be  served  in  any  district  or  part  of 
the  City  of  New  York,  as  constituted  by  this  Act. 

Procedure,  &c. 

Sec.  1 369.  In  so  far  as  the  same  are  consistent  with  this 
act,  all  provisions  of  law  relating  to  the  procedure  and  organ- 
ization, the  summons,  precept,  attachment,  arrest,  subpoena 
or  other  process,  service  and  execution  of  the  same,  time, 
appearances,  parties,  attorneys,  practice,  proceedings, 
pleadings,  amendments,  adjournment,  defaults,  judgments, 
transcripts,  docketing,  executions,  offers,  fees,  costs,  dis- 
bursements, joint  debtors,  depositions,  taking  testimony  by 
commission  and  de  bene  esse,  guardians  ad  litem,  trials, 
jurors  and  drawing  of  jurors,  and  all  matters  incidental 
to  the  same,  the  powers  and  duties  of  Justices  and 
Clerks   and   other   employees    in    District   Courts  in   the 

650 


City  of  New  York  which  shall  be  in  force  on  the  31st 
day  of  December,  1897,  shall  apply  to  and  control  and 
govern  the  same  in  the  said  Municipal  Court  and  the 
branches  thereof  in  each  district,  except  that  a  Marshal 
of  the  City  of  New  York  cannot  appear  or  act  on  behalf  of 
either  or  any  party  in  an  action  or  proceeding  in  said 
Municipal  Court.  Sections  Eight  to  Fourteen,  inclusive  of 
the  Code  of  Civil  Procedure,  excepting  Subdivision  Seven 
of  said  Section  Fourteen,  are  hereby  made  applicable  to 
and  shall  govern  said  Municipal  Court.  But  in  all  cases 
where  in  any  statute  relating  to  said  District  Courts  the 
power  and  authority  of  said  Courts  is  limited  to  the  City 
and  County  of  New  York,  or  to  persons  residing  in  or  who 
are  about  to  leave  the  City  and  County  of  New  York,  the 
power  and  authority  of  said  Municipal  Court  is  extended  to 
the  City  of  New  York,  as  constituted  by  this  Act,  and  to 
all  persons  residing  in  or  who  are  about  to  leave  said  City 
of  New  York,  as  so  constituted,  except  as  in  this  chapter 
otherwise  expressly  provided.  In  an  action  specified  in 
section  1364  of  this  Act  (except  subdivisions  eight  and 
ten)  where  the  damages  or  the  value  of  the  chattels  as 
claimed  in  the  complaint,  exceed  one  hundred  dollars,  if, 
at  the  time  of  joining  an  issue  of  fact  the  defendant  demand 
a  trial  by  a  jury  of  twelve  men,  the  Justice  shall  order  such 
a  jury  to  be  summoned  to  try  the  same,  and  the  proceed- 
ings and  fees  shall  be  the  same  as  are  prescribed  in  Section 
one  thousand  three  hundred  and  seventy-three  of  Chapter 
410  of  the  Laws  of  1882. 

Actions,  in  what  District  brought. 

Sec.  1370.  An  action  or  proceeding  of  which  this  Court 
has  jurisdiction  must  be  brought : 

1.  In  a  district  in  which  either  the  plaintiff  or  defendant 
or  one  of  the  plaintiffs  or  one  of  the  defendants  resides,  un- 
less all  the  plaintiffs  or  all  the  defendants  reside  out  of  the 
City  of  New  York,  in  which  case  the  action  or  proceeding 
may  be  brought  in  said  court  in  any  district. 

2.  If  the  defendant  be  a  corporation  created  by  law,  in  a 
district  in  which  the  plaintiff  or  either  of  the  plaintiffs  re- 

651 


sides,  or  in  which  (if  it  be  a  corporation)  it  transacts  its 
general  business  or  keeps  an  office  or  has  an  agency  estab- 
lished for  the  transaction  of  business  or  is  established  by 
law,  except  the  Corporation  of  the  City  of  New  York,  which 
may  sue  in  any  district,  except  as  in  the'  next  section  pro- 
vided. 

3.  By  plaintiffs  not  residing  in  the  City  of  New  York,  in 
the  district  in  which  the  defendant  or  one  of  the  defendants 
resides,  and  against  a  defendant  or  defendants  not  residing 
in  said  city,  in  the  district  in  which  the  plaintiff  or  one  of 
the  plaintiffs  resides ;  but  where  all  the  parties  reside  out 
of  said  city  the  action  may  be  brought  in  any  district.  No 
person  who  shall  have  a  place  in  said  city  for  the  regular 
transaction  of  business  shall  be  deemed  a  non-resident  under 
the  provisions  of  this  title. 

4.  If  the  district  in  which  the  action  or  proceeding  is 
brought  is  not  the  proper  district,  the  action  may,  notwith- 
standing, be  tried  therein,  unless  the  action  is  transferred  to 
the  proper  district  before  trial  upon  the  demand  of  the  de- 
fendant made  upon  or  before  the  joinder  of  issue  in  writing  or 
in  open  court,  followed  by  the  consent  of  the  plaintiff,  given 
in  like  manner,  or  the  order  of  the  Court.  The  demand 
must  specify  the  district  to  which  the  defendant  requires 
the  action  to  be  transferred.  The  Court  must  make  such 
order  when  the  district  in  which  the  action  or  proceeding 
is  brought  is  not  the  proper  district,  as  specified  in  this  sec- 
tion or  the  next  one  if  such  demand  be  made. 

Id.   When  brought  by  the  Corporation. 

5.  All  actions  by  or  on  behalf  of  The  City  of  New  York 
to  recover  a  penalty  or  fine  for  a  violation  of  any  cor- 
poration ordinance,  when  the  amount  of  such  penalty  or  fine 
shall  not  exceed  five  hundred  dollars,  must  be  brought 
in  the  district  in  which  the  violation  of  such  ordinance 
happened  or  occurred,  and  the  Justice  holding  Court 
in  the  same  judicial  district  may  direct  any  of  the  City 
Marshals  to  collect  the  payment  and  make  returns  in  the 
same  manner  as  now  provided  by  law.  And  all  actions 
to  recover  a  penalty  or  fine  for  a  violation  of  any  provision 

652 


of  the  Sanitary  Code  adopted  by  the  Board  of  Health  or  of 
any  regulation  of  the  Fire  Commissioner  or  laws  which 
either  said  Board  or  Commissioner  is  authorized,  empowered 
and  especially  charged  to  enforce,  where  the  amount  of 
such  penalty  or  fine  shall  not  exceed  five  hundred  dollars, 
must  be  brought  in  the  district  in  which  such  violation 
happened  or  occurred. 

Where  held. 

Sec.  1371.  The  said  Municipal  Court  shall  be  held  in  each 
of  the  aforesaid  districts  by  a  Justice  of  said  Court  as  here- 
inafter specified,  at  the  places  provided  by  the  Municipal 
Assembly,  and  in  accordance  with  law,  at  such  hours  in 
every  judicial  day  or  so  often  as  the  Board  of  Justices  of 
the  Municipal  Court  shall  direct,  and  must  continue  in 
session  so  long  as  the  public  interest  requires  ;  and  it  shall  be 
the  duty  of  the  Municipal  Assembly  within  thirty  days  after 
the  31st  day  of  December,  1897,  to  provide  a  suitable  place 
for  the  holding  of  said  court  in  each  of  said  districts,  pro- 
vided that  more  than  one  place  for  holding  such  court  may 
be  provided  at  any  time  after  this  Act  takes  effect  in  any  dis- 
trict, if  the  said  Board  of  Justices  shall  certify  that  the 
public  convenience  requires  such  additional  number  of 
places. 

Seals. 

Sec.  1372.  The  said  Court  in  each  district  shall  have  official 
seals  furnished  at  the  expense  of  the  City,  on  which  shall  be 
engraved  the  arms  of  the  State  of  New  York  and  the  words 
"  Municipal  Court  of  New  York,  Borough  of  Manhattan  " 
(or  whatever  the  Borough  may  be),  "  First  District "  (or 
whatever  the  district  may  be),  but  nothing  herein  contained 
shall  authorize  such  Court  to  issue  certificates  of  naturaliza- 
tion. ^ 

Clerks  and  Assistant  Clerks. 

Sec.  1373.  There  shall  be  in  and  for  each  district  a  clerk 
of  said  Court  and  in  each  district  in  the  Boroughs  of  Man- 
hattan,  Brooklyn,   and   of  The  Bronx,  an   assistant  clerk, 

658 


who  shall  be  appointed  by  the  Justice  elected  or  appointed 
from   said   district    as    hereinbefore    provided,   and    shall 
hold  office  for  the  term  of  six  years  from  the  date  of  ap- 
pointment ;  and  before  entering  upon  his  duties  each  such 
clerk    or    assistant   clerk'  shall    file   in    the    office    of    the 
Comptroller   of   the    City    of    New    York   a    bond   in    the 
penal  sum   of   five  thousand  dollars,  conditioned    for   the 
faithful  discharge  of  his  duty  and  the  due  accounting  for 
and  payment  of  all   money  by  him  received  or  with  him 
deposited  in  any  action  as  such  clerk  or  assistant  clerk,  to 
be   approved    by   the   said    Comptroller    to   be   endorsed 
thereon.     Each  such  clerk  and  assistant  clerk  shall  receive 
a  salary  of  three  thousand  dollars  per  annum  (except  in  the 
Boroughs  of  Queens  and  Richmond,  wherein  the  salary  of 
the  clerk  shall  be  two  thousand  dollars  per  annum),  to  be 
paid  in  equal  monthly  installments  ;  and  neither  said  clerks 
nor  assistant  clerks  nor  other  employees  of  said  courts  shall 
receive  any  fee  or  compensation  whatever  for  their  own  use 
for  any  services  performed    by  them  by  virtue   of   their 
offices   other   than   their   salaries  ;  and  the  duties  of  such 
clerks  and  assistant  clerks  shall  be  the  same  as  those  now 
imposed  by  law  upon  the  clerks  and  assistant  clerks  of  the 
District  Courts  in  the  City  of  New  York.     No  such  clerk, 
assistant  clerk  or  other  employee  of  such  courts  shall  hold 
any  other   office  or   be   interested  in   any  other  business, 
except  as  permitted  by  the  next  section,  but  shall  give  their 
whole  time  to  their  respective  duties  and  shall  reside  in  the 
Borough  in  which  the  district  for  which  they  are  appointed 
respectively  is  situated.     For  any  breach  of  said  bond  the 
Appellate  Division  of  the  Supreme  Court  or  any  Justice  of 
the  Supreme  Court  in  the  judicial  department  wherein  the 
district  for  which  such  clerk  or  assistant  clerk  is  appointed 
is  situated,  may  order  the  same  to  be  prosecuted  in  the  name 
of  any  person  damaged   by  such  breach.     The  clerks,  as- 
sistant clerks,  stenographers,  interpreters  and  attendants  of 
the  District  Courts  in  the  City  of  New  York  and   of  the 
Justices'  Courts  of  First,  Second  and  Third   Districts  oi 
the  City  of  Brooklyn,  who  shall  be.in  office  on  the  first  day 
of  January,  1S98,  shall  continue  until  the  expiration  of  their 
respective  terms,  in  the  like  capacities  as  officers  of  the  said 

654 


Municipal  Court.  Each  Justice  upon  appointing  a  clerk  or 
assistant  clerk  shall  make  duplicate  certificates  of  such 
appointments,  stating  the  term  of  the  appointment  and 
when  it  will  expire,  and  one  of  such  duplicates  shall  be 
filed  by  him  in  the  office  of  the  City  Clerk,  and  the 
other  with  the  Secretary  of  the  Board  of  Justices  pro- 
vided for  in  the  next  section.  The  said  Justices  shall 
in  like  manner  on  or  before  the  30th  day  of  January, 
1898,  also  appoint  the  officers  necessary  to  attend  the 
Court  in  each  district,  not  exceeding  two,  at  an  annual 
salary  of  one  thousand  dollars,  and  a  stenographer  in  and  for 
each  district  at  an  annual  salary  of  two  thousand  dollars,  and 
in  and  for  each  district  in  the  Borough  of  Manhattan  an  in- 
terpreter at  an  annual  salary  of  twelve  hundred  dollars. 
Each  of  said  attendants,  stenographers  and  interpreters  shall 
be  appointed  for  two  years  or  to  fill  the  residue  of  an  unex- 
pired term.  The  said  Justices  may  remove  any  of  said  at- 
tendants, stenographers  or  interpreters,  provided  that  before 
removal  such  officers  shall  have  notice  of  the  cause  of  their 
proposed  removal  and  an  opportunity  to  make  an  explana- 
tion ;  and  the  reasons  for  any  removal  shall  be  briefly  en- 
tered on  such  minutes. 


Board  of  Justices. 

Sec.  1374.  On  and  after  the  first  day  ot  January,  1898,  the 
Justices  of  said  Court  shall  constitute  the  Board  of  Justices 
of  the  Municipal  Court  and  discharge  the  functions  thereof. 
They  may  elect  a  president  from  their  own  number  and  at 
pleasure  remove  him  and  elect  a  successor.  All  meetings 
of  said  Board  shall  be  public  and  all  proceedings  shall  be 
recorded  in  its  books  of  minutes  by  its  secretary  and  shall 
be  preserved.  Such  Board  may  designate  a  clerk  of  said 
Court  for  one  of  said  districts  to  act  as  secretary  of  said 
Board,  and  from  time  to  time  substitute  another  and  fix  a 
reasonable  compensation  to  be  paid  for  such  service.  Such 
Board  shall  establish  public  rules  relative  to  its  meetings, 
which  as  far  as  possible  shall  be  held  at  regular  times,  to  the 
keeping  and  preservation  of  its  minutes  and  the  appoint- 
ment of  clerks,  assistant  clerks  and  other  appointees,  and  to 

666 


the  public  inspection  of  its  minutes  under  the  care  of  the 
secretary  at  reasonable  times. 

Board  to  make  Rules. 

Sec.  1375.  Said  Board  of  Justices  shall  adopt,  and  from 
time  to  time  may  amend  or  add  to  rules  relating  to  the 
following-  subjects : 

1.  As  to  the  Justices  who  shall  hold  sessions  of  said  Muni- 
cipal Court  in  each  of  said  districts  at  times  and  places  to 
be  specified  in  said  rules  and  to  provide  for  a  rotation  of  the 
Justices  holding  the  same,  provided  that  the  Justices  elected 
or  appointed  for  any  Borough  shall  hold  court  in  said 
borough;  but  if  a  vacancy  exists,  or  the  illness  or  other  in- 
ability of  any  Justice  assigned  to  hold  court  prevents  his 
attendance,  any  other  Justice  of  said  court  may  hold  the 
same.  And  if,  at  any  time  before  or  after  the  commence- 
ment of  the  trial,  it  shall  appear  to  the  satisfaction  of  the 
Justice  that  he  is  a  necessary  witness  on  the  trial  of  the 
cause,  or  otherwise  disqualified  to  try  the  same,  he  shall  by 
an  order  entered  in  the  cause  order  the  same  and  the  papers 
in  the  same  to  be  transferred  to  an  adjoining  district,  or  ad- 
journed to  such  time  as  his  successor  in  holding  court  in 
said  district  according  to  such  rules  for  rotation,  may  be 
holding  said  court  as  justice  may  require.  Such  rules  re- 
specting rotation  and  the  designation  of  justices,  shall  be 
made  on  or  before  the  25th  day  of  January,  1898,  and  shall 
be  published  in  the  City  Record,  and  one  newspaper  pub- 
lished in  each  Borough  at  least  once  before  the  first  day  of 
February. 

2.  As  to  the  hours  at  which  said  courts  shall  be  opened 
on  each  day  and  what  oflficers  shall  be  in  attendance. 

3.  As  to  the  order  of  business  and  manner  of  its  dis- 
charge. 

4.  As  to  the  manner  in  which  the  clerks  and  assistant 
clerks  shall  perform  their  duties,  the  manner  of  keeping 
records  and  papers,  the  collection  and  disposition  of  moneys 
and  keeping  accounts  of  the  same. 

5.  As  to  the  maintenance  of  order  in  and  about  the  courts 
and  offices  thereof. 

656 


Concurrence  of  majority. 

Sec.  1376.  The  concurrence  of  a  majority  of  all  the  mem- 
bers of  said  board  shall  be  necessary  to  adopt  any  resolu- 
tion thereof. 

Rules  of  Supreme  Court  applicable. 

Sec.  1377.  The  rules  and  regulations  of  the  Supreme 
Court,  as  they  may  be  from  time  to  time,  shall  apply  to  the 
Municipal  Court  so  far  as  the  same  can  be  made  applicable. 

Clerks  to  administer  oaths. 

Sec.  1378.  The  clerks  and  assistant  clerks  of  the  said  Muni- 
cipal Court  are  authorized  to  administer  oaths  in  the  City 
of  New  York  in  the  same  manner  and  with  the  like  effect 
as  clerks  of  courts  of  record. 

Justices  to  administer  oaths,  &c. 

Sec.  1379.  The  Justices  of  said  Municipal  Court  may  in  the 
City  of  New  York,  by  virtue  of  their  office,  administer  oaths, 
take  depositions  and  acknowledgments  and  certify  the  same 
in  the  manner  and  with  like  effect  as  Justices  of  courts  of 
record.  Sections  914  to  917,  inclusive,  and  Section  3319  of 
the  Code  of  Civil  Procedure  apply  to  the  Justices  of^said 
Court. 

Access  to  Court  Houses. 

Sec.  1380.  The  Justices  of  said  Court  shall  have  on  and 
after  the  first  day  of  February,  1898,  the  like  access 
and  possession  of  the  court  houses  that  theretofore  were 
enjoyed  by  the  Justices  of  the  district  courts  and  Justices  of 
the  Peace  in  the  territory  included  within  The  City  of  New 
York  as  constituted  by  this  Act ;  and  it  shall  be  the  duty  of 
the  Municipal  Assembly  of  the  City  of  New  York  and 
its  several  officers  charged  with  duties  in  that  behalf  to 
supply  and  pay  for  whatever  may  be  necessary  for  the 
transaction  of  the  business  of  said  Municipal  Court  and 
the  Justices  thereof,  and  to  supply  all  proper  accommo- 
dations, books,  stationery  and  furniture,  and  to  pay  all 
salaries,    compensations  and   expenses   and   disbursements 

657 


herein  authorized,  and  the  Board  of  Estimate  and  Appor- 
tionment shall  annually  include  in  its  final  estimate  such 
sums  as  may  be  necessary  to  pay  the  same. 

Delivery  of  papers,  &c. 

Sec.  1 38 1.  On  the  first  day  of  February,  1898,  it  shall  be 
the  duty  of  the  District  Court  Justices  and  Justices  of  the 
Peace  whose  powers  and  jurisdiction  shall  have  been  ter- 
minated by  the  provisions  of  this  Act,  or  of  any  act  abolish- 
ing towns  within  the  territory  embraced  in  the  City  of 
New  York  as  hereby  constituted,  or  otherwise,  and  of  the 
clerks  and  assistant  clerks,  deputy  clerks  or  other  officers 
of  said  District  Courts  or  Justices*  Courts  to  deliver  to  the 
Justices  of  the  said  Municipal  Court  all  papers,  documents 
and  records  pertaining  to  their  office. 

Disposition  of  causes  pending  in  district  courts,  &c. 

Sec.  1382.  No  action  or  proceeding  which  shall  be  pend- 
ing at  midnight,  on  the  31st  day  of  January,  1898,  in  any  Dis- 
trict Court  or  Justices'  Court  within  the  territory  included 
within  the  City  of  New  York  as  constituted  by  this  Act, 
shall  abate  by  reason  of  the  passage  of  this  Act;  but  all  such 
actions  and  proceedings  so  pending,  shall  be  continued 
thereafter  in  said  Municipal  Court ;  and  the  said  District 
Courts  and  Justices'  Courts  existing  on  said  31st  day  of 
January,  1898,  shall  have  power  to  adjourn  any  action  or 
proceeding  then  pending  before  them  or  either  of  them  to 
the  first  day  of  February  following,  or  to  some  day  there- 
after when  the  same  shall  be  conthiued  before  the  Muni- 
cipal Court  in  the  district  wherein  such  District  Court  or 
Justices'  Court  shall  be  situated  or  held  ;  and  all  papers, 
documents  and  records  relating  to  such  actions  or  proceed- 
ings shall  be  transmitted  and  delivered  to  the  Justices 
designated  to  hold  Court  in  said  districts  respectively. 

Removal. 

Sec.  1383.  The  Justices  of  said  Court  and  the  clerks  and 
assistant  clerks  thereof  may  be  removed  for  cause  after  due 

658 


notice,  and  an  opportunity  of  being  heard  by  the  Appellate 
Division  of  the  Supreme  Court  in  the  judicial  district 
wherein  the  district  for  which  said  Justices  were  elected  or 
appointed,  or  wherein  the  district  for  which  such  clerks  or 
assistant  clerks  were  appointed,  is  situated. 

Justices  of  District  Courts,  &c.,  to  act  till  Feb.  /,  i8g8. 

Sec.  1384.  Until  midnight  of  said  thirty-first  day  of  Janu- 
ary, eighteen  hundred  and  ninety-eight,  the  District  Courts 
and  Justices'  Courts,  and  the  Justices,  Clerks,  Assistant 
Clerks,  Attendants,  Stenographers,  Interpreters  and  other 
employees  thereof,  in  any  and  all  portions  of  the  territory  in- 
cluded within  The  City  of  New  York,  as  constituted  by  this 
Act,  shall  continue  to  perform  all  the  duties  and  exercise  all 
the  powers  which  may  be  by  law  imposed  on  or  vested  in 
them  on  the  thirty-first  day  of  December,  eighteen  hundred 
and^ninety-seven. 


Title  3. 
inferior  courts  of  criminal  jurisdiction.] 

Division  of  city  for  such  purpose. 

Section  1390.  For  the  purposes  of  administration  of  crim- 
inal justice  the  City  of  New  York,  as  hereby  constituted,  is 
divided  into  two  divisions  as  follows  :  The  first  division 
embraces  the  Boroughs  of  The  Bronx  and  of  Manhattan  ; 
the  second  division  embraces  the  Boroughs  of  Brooklyn, 
Queens  and  Richmond. 

Special  Sessions  in  first  division  continued. 

Sec.  1 391.  The  Court  of  Special  Sessions  of  the  City  and 
County  of  New  York  now  existing  is  continued  with  the  same 
powers,  duties  and  jurisdiction  as  it  shall  have  by  law  on 
the  thirty-first  day  of  December,  one  thousand  eight  hun- 

659 


dred  and  ninety-seven,  except  as  herein  otherwise  provided, 
and  shall  be  known  as  the  Court  of  Special  Sessions  of  the 
first  division  of  the  City  of  New  York,  and  the  justices  of 
said  court,  and  the  clerks,  deputy  clerks,  and  other  em- 
ployees thereof  then  in  office,  shall  continue  to  hold  their 
offices  until  the  expiration  of  their  respective  terms.  Their 
successors  shall  be  appointed  in  the  same  manner  and  have 
the  same  salary,  powers  and  duties  as  are  provided  by 
Chapter  6oi  of  the  Laws  of  1895. 

City  Magistrates  in  first  division  continued. 

Sec.  1392.  The  City  Magistrates  in  the  City  of  New  York 
appointed  pursuant  to  Chapter  six  hundred  and  one  of  the 
laws  of  one  thousand  eight  hundred  and  ninety-five  or  of 
any  act  amending  the  same  in  office  when  this  act  takes 
effect  shall  continue  to  hold  office  until  the  expiration  of 
their  respective  terms,  and  shall  be  known  as  the  City 
Magistrates  of  the  first  division  of  the  City  of  New  York, 
and  they  and  their  successors  shall  be  residents  of  said 
first  division.  They  shall  each  receive  during  their  re- 
spective terms  of  office  the  salaries  which  they  were 
receiving  at  the  time  this  Act  takes  effect.  Their  suc- 
cessors shall  be  appointed  in  the  same  manner  and  have  the 
same  powers  and  duties  as  are  provided  by  said  Chapter 
601  of  the  Laws  of  1895,  and  shall  each  receive  a  salary 
of  six  thousand  dollars  a  year.  The  clerks,  clerks'  as- 
sistants, and  other  appointees  of  said  magistrates  and 
their  courts  in  office  when  this  act  takes  effect  shall 
continue  therein  until  the  expiration  of  their  respective 
terms.  The  Board  of  City  Magistrates  constituted  by 
said  Chapter  601  of  the  Laws  of  1895  shall  contmue  and 
shall  be  known  as  the  Board  of  Magistrates  of  the  First 
Division  of  the  City  of  New  York.  Said  Magistrates 
and  said  Board  of  Magistrates  and  said  clerks,  assist- 
ants and  other  appointees  shall  continue  to  have  and  exer- 
cise the  same  powers,  jurisdiction,  functions  and  duties 
within  said  first  division  as  they  or  any  of  them  shall  have 
by  law  upon  the  thirty-first  day  of  December,  1897,  except 
as  herein  otherwise  provided. 

660 


Police  Justices  abolished. 

Sec.  1393.  From  and  after  midnight  of  the  thirty-first  day 
of  January,  1898,  the  office  of  police  justice  in  any  part  of  the 
territory  embraced  within  the  second  division  of  the  City  of 
New  York,  as  defined  in  section  1390  of  this  Act  and  the 
Court  of  Special  Sessions  in  the  City  of  Brooklyn,  is  and  are 
abolished,  and  all  authority,  power,  duty  and  jurisdiction  then 
vested  in  such  police  justices,  and  in  the  courts  held  by 
them,  and  in  the  clerks,  deputy  clerks,  police  clerks  and  all 
other  officers  and  employees  of  said  justices  or  courts  shall 
cease  and  determine,  except  as  hereinafter  provided. 

City  Magistrates  in  second  division. 

Sec.  1394.  From  and  after  midnight  of  said  thirty -first  day 
of  January,  1898,  there  shall  be  in  the  said  second  division 
of  the  City  of  New  York  eleven  City  Magistrates,  with  the 
jurisdiction  and  powers  hereinafter  prescribed.  The  Police 
Justices  in  the  former  City  of  Brooklyn  in  office  on  the  thirty- 
first  day  of  January,  one  thousand  eight  hundred  and  ninety 
eight,  shall  continue  in  office  for  the  residue  of  their  re- 
spective terms,  but  shall  be  known  as  City  Magistrates  of 
the  second  division  of  the  City  of  New  York,  and  have  the 
powers  and  duties  hereinafter  prescribed  for  City  Magis- 
trates and  no  other.  On  or  before  the  twentieth  day  of 
January,  1898,  the  Mayor  of  the  City  of  New  York  shall 
appoint  five  additional  city  magistrates,  three  of  whom  shall 
be  residents  and  electors  of  the  Borough  of  Queens,  and  two 
of  whom  shall  be  residents  and  electors  of  the  Borough  of 
Richmond,  all  of  whose  terms  shall  commence  on  the  first 
day  of  February,  1898.  The  terms  of  one  of  said  magistrates 
so  appointed  for  each  of  said  Boroughs  of  Queens  and  Rich- 
mond shall  expire  on  the  thirty-first  day  of  December,  1905, 
and  the  terms  of  the  remainder  of  the  magistrates  so  ap- 
pointed for  Queens  and  Richmond  shall  expire  on  the  thirty- 
first  day  of  December,  1907.  The  successors  of  said  mag- 
istrates shall  at  all  times  thereafter  be  appointed  by  the 
Mayor  of  said  city,  and  shall  be  residents  and  electors 
of  the  borough  from  which  said  magistrates  whom  they 
shall  be  appointed  to  succeed  were  appointed,  and  shall 
hold  office  for  ten  years.     Upon  the  happening  ot  any  va- 

661 


cancy  in  said  office,  whether  by  expiration  of  a  term  or  tor 
any  other  cause,  the  Mayor  shall  appoint  some  proper  person 
to  fill  such  vacancy  within  thirty  days  after  the  same  occurs  ; 
and  in  case  such  vacancy  occurs  otherwise  than  by  expiration 
of  a  term,  the  person  appointed  to  fill  the  same  shall  be  ap- 
pointed for  the  unexpired  residue  of  the  term. 


Salary,  &c. 

Sec.  1395.  The  salary  of  each  of  saidjjCity  Magistrates  in 
said  second  division  shall  be  six  thousand  dollars  a  year,  to 
be  paid  in  equal  monthly  instalments,  except  that  the  said 
Magistrates  appointed  for  the  Boroughs  of  Queens  and 
Richmond,  respectively,  shall  each  receive  a  salary  of  five 
thousand  dollars  a  year;  and  provided  further  that  the  Police 
Justices  of  the  former  City  of  Brooklyn,  who  become  City 
Magistrates  pursuant  to  section  1394  of  this  Act,  shall  con- 
tinue to  receive,  during  their  respective  terms  of  office,  the 
salaries  which  they  were  respectively  receiving  at  the 
time  this  Act  takes  effect.  Upon  making  an  appointment 
of  an  officer  pursuant  to  this  title  the  Mayor  shall  make 
three  written  certificates  thereof,  each  of  which  shall 
state  the  title  of  the  office,  the  Borough  from  which  such 
officer  is  appointed,  and  the  term  for  which  the  appointment 
is  made.  One  of  such  certificates  he  shall  deliver  to  the 
person  appointed  and  of  the  others  he  shall  cause  one  to  be 
filed  in  the  office  of  the  City  Clerk,  and  one  to  be  filed  in 
the  office  of  the  Clerk  of  the  county  in  which  is  situated 
the  Borough  from  which  such  person  is  appointed. 


Powers. 

Sec.  1396.  The  said  magistrates  appointed  or  continued  in 
office  pursuant  to  this  title,  shall  have  and  exercise  within 
the  said  second  division  such  powers  as  are  conferred  by 
law  upon  the  City  Magistrates  in  the  City  of  New  York,  by 
Chapter  six  hundred  and  one  of  the  Laws  of  1895,  and 
the  acts  amending  the  same,  except  as  herein  otherwise 
provided. 

662 


Board  of  Magistrates. 

Sec.  1397.  The  said  magistrates  appointed  and  continued 
in  office  pursuant  to  section  1394  of  this  Act  shall  constitute 
the  Board  of  City  Magistrates  of  the  Second  Division  of 
the  City  of  New  York,  and  said  board  shall  have  the 
same  powers,  duties,  and  functions  as  are  specified  in  Sec- 
tions four,  five,  six  and  seven  of  said  Chapter  601  of  the 
Laws  of  1895,  except  as  herein  otherwise  provided. 

Magistrate  to  be  in  constant  attinaance. 

Sec.  1398.  A  City  Magistrate  shall  be  in  constant  attend- 
ance in  each  of  the  City  Magistrate's  Courts  between  the 
hours  of  nine  o'clock  in  the  morning  and  four  o'clock  in 
the  afternoon  on  every  day  except  Sundays  and  legal  holi- 
days, but  including  election  day ;  and  the  rules  for  rotation 
ot  magistrates  to  be  made  as  provided  in  Subdivision  one  of 
Section  five  of  said  Chapter  601  of  the  Laws  of  1895  shall  not 
require  the  magistrates  appointed  in  said  second  division  to 
hold  Court  in  any  other  Borough  than  that  for  which  he 
was  appointed  ;  provided,  however,  that  if  a  vacancy  exists 
or  the  illness,  absence  or  other  inability  of  any  magistrate 
assigned  to  hold  any  City  Magistrate's  Court  in  either 
division  prevents  his  holding  the  same,  any  other  City 
Magistrate  in  the  City  of  New  York  may  hold  such  Court. 

Transfer  of  charges. 

Sec.  1399.  The  provisions  of  Section  nine  of  said  Chapter 
601  of  the  Laws  of  1895,  as  amended  by  Chapter  908  of  the 
Laws  ot  1895,  shall  apply  to  all  of  said  City  Magistrates, 
and  to  all  charges  and  complaints  brought  before  any  of 
the  said  magistrates  appointed  pursuant  to  this  title. 

Clerks  and  employees. 

Sec.  1400.  All  the  provisions  of  said  Chapter  601  of  the 
Laws  of  1895,  relating  to  the  appointment  of  police  clerks, 
their  terms  of  office,  compensation,  bonds,  powers  and  duties, 
the  removal  of  the  same,  and  relating  to  the  appointment, 
compensation,  terms,  removal  and  duties  of  clerk's  assistants, 
stenographers,  interpreters   and  other  necessary  attendants 

663 


(not  exceeding  two  for  each  Court),  shall  apply  to  and  gov- 
ern the  same  matters  in  the  said  second  division ;  provided 
that  no  such  clerk  or  other  officer  or  employee  appointed 
by  said  Board  of  City  Magistrates  of  said  second  division 
shall  hold  any  other  office  or  be  interested  in  any  other 
business,  but  shall  give  their  whole  time  to  their  respective 
duties,  and  shall  reside  in  the  Borough  for  the  City  Magis- 
trate s  Court  in  which  they  shall  be  appointed  respectively ; 
and  the  number  of  such  clerks  to  be  so  appointed  for  said 
second  division  shall  be  eleven. 

Justices  of  Special  Sessions  appointed. 

Sec.  1401.  On  or  before  the  twentieth  day  of  January,  1898, 
the  Mayor  of  said  City  of  New  York  shall  appoint  five  jus- 
tices of  the  Court  of  Special  Sessions  of  the  Second  Division 
of  the  City  of  New  York  provided  for  by  this  title,  who  shall 
hold  office  until  the  thirty-first  day  of  December,  1899,  1901, 
1903, 1905, 1907,  and  1909,  respectively. 

Vacancies. 

Sec.  1402.  Any  vacancy  in  said  office  shall  be  filled  by  the 
Mayoi  of  said  city  by  appointment  within  thirty  days  after 
its  occurrence.  Tf  such  vacancy  occur  otherwise  than  by  ex- 
piration of  a  term  the  person  appointed  to  fill  such  vacancy 
shall  hold  office  for  the  unexpired  term  of  the  justice  whom 
he  succeeds.  If  the  vacancy  occur  by  the  expiration  of  a 
term,  the  person  appointed  to  succeed  the  justice  whose 
term  has  expired  shall  hold  office  for  the  term  of  ten  years. 
The  salary  of  the  justices  of  the  Court  of  Special  Sessions 
in  the  second  division  shall  be  six  thousand  dollars  a  year, 
to  be  paid  in  equal  monthly  instalments. 

Qualifications. 

Sec.  1403.  The  persons  eligible  to  be  appointed  justices  of 
the  Court  of  Special  Sessions  and  city  magistrates  in  the 
second  division  must  possess  the  same  qualifications  and  be 
subject  to  the  same  regulations  and  requirements  as  are 
prescribed  for  such  justices  and  magistrates  respectively  in 

664 


Section  twenty-five  of  said  Chapter  six  hundred  and  one  of 
the  Laws  of  1895.  No  person  shall  be  appointed  to  the 
office  of  justice  of  the  Court  of  Special  Sessions  or  city 
magistrate  unless  he  shall  be  a  resident  of  the  division  of 
said  city  for  which  he  shall  be  appointed. 

Clerks. 

Sec.  1404.  All  the  provisions  of  said  Chapter  six  hundred 
and  one  of  the  Laws  of  1895  respecting  the  appointment 
of  a  clerk  and  deputy,  stenographer,  interpreter  and  other 
officers,  their  salaries,  terms  of  office,  removal  and  duties 
shall  apply  to  the  Court  of  Sessions  in  said  second 
division,  except  that  the  term  of  office  of  such  clerk,  deputy 
clerk  and  other  officers  shall  commence  on  the  first  day  of 
February,  1898  ;  the  terms  of  such  clerk  and  deputy  clerk 
shall  be  for  five  years  respectively,  and  the  salary  of  said 
clerk  shall  be  three  thousand  dollars  a  year,  payable  in 
equal  monthly  instalments.  Said  clerk  and  deputy  clerk 
shall  be  residents  of  the  said  second  division.  The  justices 
of  said  Court  of  Special  Sessions  in  the  second  division  of 
the  City  of  New  York  shall  also  appoint  a  clerk  of  said 
court  for  each  of  the  Boroughs  of  Queens  and  Richmond, 
each  of  whom  shall  hold  office  for  five  years  from  the  first 
day  of  February,  1898,  and  receive  a  salary  of  two  thousand 
dollars,  payable  in  equal  monthly  instalments.  The  said 
justices  may  also  appoint  such  officers  and  attendants  for 
said  court  in  the  said  Boroughs  of  Queens  and  Richmond, 
including  stenographers  and  interpreters  as  may  be  neces- 
sary for  the  due  transaction  of  the  business  of  said  court, 
and  fix  and  alter  their  salaries  ;  subject  to  the  power  of  re- 
duction thereof  given  to  the  Board  of  Estimate  and  Appor- 
tionment. All  the  provisions  of  said  act  respecting  the  re- 
moval and  duties  of  such  officers  respectively  shall  apply  to 
the  officers  appointed  as  herein  provided. 

Court  of  Special  Sessions  :  how  held. 

Sec.  1405.  The  Court  of  Special  Sessions  of  either  of  said 
divisions  of  the  City  of  New  York  must  be  held  by  three  of 
the  justices  of  said  court,  and  any  order,  determination  or  judg 

665 


mcnt  of  two  of  said  justices  shall  be  the  order,  determination 
or  judgment  of  the  court.  Said  court  shall  sit  in  every  month 
of  the  year  in  said  first  division  and  in  each  of  said  Boroughs 
of  Brooklyn,  Queens  and  Richmond. 

yurisdiction. 

Sec.  1406.  The  said  Courts  of  Special  Sessions  shall  have 
jurisdiction  as  follows : 

I.  Except  as  otherwise  provided  in  this  title,  the  said 
Courts  of  Special  Sessions  of  the  City  of  New  York  shall 
have  in  the  first  instance  exclusive  jurisdiction  to  hear  and 
determine  all  charges  of  misdemeanors  committed  within 
the  City  of  New  York,  except  charges  of  libel.  Provided, 
however,  that  the  same  shall  be  tried  in  the  county  wherein 
such  misdemeanors  are  charged  to  have  been  committed. 

The  said  courts  shall,  however,  be  divested  of  jurisdic- 
tion to  proceed  with  the  hearing  and  determination  of  any 
charge  of  misdemeanor  in  either  of  the  following  cases : 

First:  If,  before  the  commencement  of  the  trial  in  said 
court  of  any  person  accused  of  a  misdemeanor,  a  grand  jury 
shall  present  an  indictment  against  the  same  person  for  the 
same  offence ;  or 

Second  ;  If,  before  the  commencement  of  any  such  trial,  a 
Justice  of  the  Supreme  Court  in  the  Judicial  Department 
where  such  trial  would  be  had  ;  or,  if  the  charge  be  triable 
in  the  County  of  New  York,  the  Recorder  of  the  City  of 
New  York  or  a  Judge  authorized  to  hold  a  Court  of  Gen- 
eral Sessions  of  the  Peace  in  and  for  the  County  of  New 
York ;  or,  if  the  charge  be  triable  in  another  county, 
a  County  Judge  of  such  county  shall  certify  that  it  is 
reasonable  that  such  charge  shall  be  prosecuted  by  in- 
dictment. No  such  certificate  shall  be  made  upon  the 
application  of  a  defendant,  without  at  least  two  days 
notice  to  the  District  Attorney,  but  pending  the  de- 
termination of  the  application  therefor,  any  Justice  or 
Judge  authorized  to  make  such  certificate  may  order  that 
all  proceedings  in  the  Court  of  Special  Sessions,  except  to 
admit  to   bail,  be  stayed  for  a   period   or  for  successive 

666 


periods,  which  shall  not  in  all  exceed  ten  days.  Upon 
the  service  of  said  order  upon  the  Clerk  of  the  said 
Court  of  Special  Sessions  in  the  County  wherein  the 
charge  is  triable,  all  proceedings  thereon  in  said  Court,. 
except  to  admit  the  defendant  to  bail,  shall  be  stayed 
until  the  expiration  of  the  time  specified  in  said 
order.  Upon  the  filing  of  the  certificate  aforesaid 
with  the  Clerk  of  the  said  Court  of  Special  Sessions,, 
in  the  County  wherein  the  charge  is  triable,  all  fur- 
ther proceedings  thereon  by  said  Court  of  Special  Sessions 
shall  be  stayed,  and  the  said  Clerk  shall  within  five  days 
thereafter  make  a  return  of  all  proceedings  had  in  the  said* 
Court  of  Special  Sessions  relating  to  such  charge  and 
transmit  such  return  and  all  papers  relating  to  such  charge,, 
together  with  said  certificate  and  any  undertaking  given- 
by  the  defendant  to  the  District  Attorney  of  the  County 
wherein  the  misdemeanor  charged  is  alleged  to  have  been 
committed.  The  said  District  Attorney  shall  without  de- 
lay present  the  said  charge  to  the  Grand  Jury  of  said 
County. 

Remission  of  fines. 

2.  They  shall  have  jurisdiction  at  the  request  of  a  defend- 
ant to  remit  a  fine  imposed  by  them  and  in  place  of  such 
fine  to  substitute  in  its  discretion  imprisonment. 

Bastardy  proceedings, 

3.  They  shall  have  exclusive  jurisdiction  in  the  first  in- 
stance of  all  proceedings  respecting  bastards  within  the  City 
of  New  York  and  the  jurisdiction  conferred  by  Sections  83S 
to  860  inclusive  of  the  Code  of  Criminal  Procedure  shall  be- 
exclusively  exercised  within  said  city  by  said  Courts.  The- 
application  specified  in  Section  840  of  said  Code  of  Criminal 
Procedure  shall  be  made  to  the  Court  of  Special  Sessions  ir> 
the  county  wherein  a  bastard  is  born  or  where  the  womaa 
pregnant  of  a  bastard  likely  to  be  born],is. 

Application  of  existing  laws, 

4.  The  said  court  and  its  justices  shall  have  and  exercise 
all  the  powers  and  jurisdiction  not  inconsistent  with  this 

667 


act  which  on  the  thirty-first  day  of  December,  1897,  shall 
by  law  be  vested  in  the  court  or  justices  of  Special  Sessions 
in  the  City  and  County  of  New  York  and  in  the  police 
courts,  police  justices  and  Courts  of  Special  Sessions  in  any 
part  of  the  territory  embraced  in  The  City  of  New  York  as 
constituted  by  this  Act,  excepting  that  conferred  upon  police 
justices  of  the  City  of  Brooklyn  by  Section  2234  of  the  Code 
of  Civil  Procedure ;  and  the  same  jurisdiction  and  powers 
in  all  matters  relating  to  the  administration  of  the  criminal 
law  not  inconsistent  with  this  Act  which  on  said  31st  day  of 
December,  1897,  shall  by  law  be  vested  in  justices  of  the 
peace  in  any  part  of  said  territory. 

Practice. 

Sec.  1407.  On  and  after  the  first  day  of  February,  1898, 
all  sections  of  the  Code  of  Criminal  Procedure  consistent 
with  this  act  regulating  and  controlling  the  practice  and  pro- 
cedure of  the  Court  of  General  Sessions  of  the  Peace  in 
the  City  and  County  of  New  York  shall  apply,  as  far  as 
may  be,  to  the  practice  and  procedure  in  the  said  Courts  of 
Special  Sessions,  and  shall  regulate  and  control  the  practice 
and  procedure  of  said  courts  in  so  far  as  their  jurisdiction 
and  organization  will  permit.  All  trials  in  said  Courts  of 
Special  Sessions  provided  for  by  this  title  shall  be  without 
a  jury. 

yustices  to  be  magistrates. 

Sec.  1408.  The  justices  of  said  Courts  of  Special  Sessions 
are  magistrates,  and  shall  have  and  exercise  all  the  jurisdic- 
tion and  powers  not  inconsistent  with  this  Act  which  are  by 
law  conferred  upon  magistrates. 

Adoption  of  rules. 

Sec.  1409.  The  justices  of  said  Courts  of  Special  Sessions 
shall  meet  and  adopt,  and  may  from  time  to  time  amend  or 
add  to  rules  relating  to  the  following  subjects : 

1.  Regulating  the  procedure  and  practice  of  said  courts. 

2.  Prescribing  the  duties  of  the  clerks  and  other  officers 
and  attendants  of  said  courts. 

668 


Regulation  of  time,  etc. 

Sec.  1410.  The  justices  of  said  Courts  of  Special  Sessions 
of  said  first  and  second  divisions  of  the  City  of  New  York 
respectively  shall  meet  and  adopt  and  may  from  time  to 
time  amend  or  add  to  rules  relating-  to  the  following  sub- 
jects : 

1.  Establishing  the  times  and  places  at  which  said  court 
shall  be  held  within  each  of  said  divisions  respectively. 

2.  Assigning  the  justices  to  hold  said  courts  from  time  to 
time,  but  if  any  justice  assigned  to  sit  in  said  court  at  any 
time  shall  be  absent  any  other  justice  of  the  Court  of  Spe- 
cial Sessions  in  the  City  of  New  York  may  sit  in  his  place 
and  stead. 

Sec.  141 1.  It  shall  be  the  duty  of  the  District  Attorney  of 
each  of  the  Counties  of  New  York  and  Kings  to  attend  in 
person  or  by  his  assistant  at  all  sessions  of  said  Courts  of 
Special  Sessions  within  his  county. 

Appeals  from  city  magistrates. 

Sec.  1412.  All  provisions  of  law  conferring  the  right  of  ap- 
peal and  prescribing  the  procedure  on  appeal  to  the  Court  of 
General  Sessions  of  the  Peace  in  the  City  and  County  of  New 
York  from  any  judgment  or  other  determination  of  a  police 
justice,  including  a  judgment  of  commitment  under  section 
two  hundred  and  ninety-one  of  the  Penal  Code,  or  of  any 
court  held  by  a  pohce  justice,  shall  apply  to  and  regulate 
all  appeals  from  any  judgment  or  other  order  or  determina- 
tion of  a  city  magistrate  in  the  County  of  New  York,  and 
the  right  of  Appeal  to  said  Court  of  General  Sessions  from 
such  judgment  or  other  order  or  determination  of  such  city 
magistrate  in  the  County  of  New  York  is  hereby  con- 
tinued ;  and  the  like  appeal  is  hereby  granted  and  conferred 
from  the  judgment,  order  or  other  determination  of  a  city 
magistrate  elsewhere  within  the  City  of  New  York  to  the 
County  Court  of  the  county  where  the  same  is  made. 

Appeals  from  special  sessions. 

Sec.  141 3.  The  provisions  of  Section  20  of  Chapter  601  of 

669 


the  Laws  of  1895  respecting  appeals  from  a  judgment  or  de- 
termination of  the  Court  of  Special  Sessions  in  the  City  and 
County  of  New  York  shall  continue  and  appl)^  to  appeals 
from  the  Courts  of  Special  Sessions  in  the  City  of  New 
York,  as  constituted  by  this  Act. 

Delivery  of  papers,  etc. 

Sec.  1414.  On  the  first  day  of  February,  1898,  it  shall  be  the 
duty  of  the  police  justices,  justices  of  the  peace  and  otheroffi- 
cers  whose  powers  and  jurisdiction  shall  have  been  termi- 
nated by  any  of  the  provisions  of  this  Act  or  of  any  Act  abol- 
ishing towns  and  villages  within  the  territory  embraced  within 
The  City  of  New  York,  as  hereby  constituted,  or  otherwise, 
to  deliver  over  to  the  city  magistrates  appointed  pursuant  to 
this  title  all  papers,  documents  and  records  of  their  courts 
appertaining  to  their  offices,  and  in  like  manner  to  deliver 
over  to  the  justices  of  the  Court  of  Special  Sessions 
appointed  pursuant  to  this  act  all  papers,  documents  and 
records  pertaining  to  the  Court  of  Special  Sessions. 

Possession  of  court  houses. 

Sec.  141 5.  The  city  magistrates  and  justices  of  the  Court 
of  Special  Sessions  appointed  or  continuing  in  office 
pursuant  to  this  title  shall  have  on  and  after  said  first 
day  of  February,  1895,  the  like  access  and  possession  in 
respect  to  the  court  houses  or  other  places  provided 
for  the  proceedings  of  police  justices  within  said  city,  as 
hereby  constituted,  as  were  theretofore  enjoyed  by  the  police 
justices  in  the  territory  embraced  within  said  city,  as  so 
constituted.  And  it  shall  be  the  duty  of  The  City  of  New 
York  and  its  several  officers  charged  with  duties  in  that  be- 
half to  supply  and  pay  for  whatever  may  be  necessary  for 
the  transaction  of  business  of  the  said  city  magistrates  and 
Courts  of  Special  Sessions  and  the  justices  thereof,  and  to 
supply  all  proper  court  houses  and  accommodations,  books, 
stationery  and  furniture,  and  to  pay  all  salaries,  compensa- 
tions, expenses  and  disbursements  herein  authorized  or 
authorized  by  said  Chapter  601  of  the  Laws  of  1895  ;  and 
the  Board  of  Estimate  and  Apportionment  shall  annually 

670 


include  in  its  final  estimate  such  sums  as  may  be  necessary 
to  pay  such  salaries,  compensations,  expenses  and  disburse- 
ments. 

Pending  actions. 

Sec.  1416.  No  criminal  action  or  other  proceeding  which 
shall  be  pending  in  any  Court  of  Special  Sessions  or  any  pro- 
ceeding respecting  bastards  which  shall  be  pending  before  a 
police  justice  or  a  justice  or  justices  of  the  peace  within  the 
territory  embraced  in  the  City  of  New  York,  as  constituted 
by  this  Act,  at  midnight  on  the  thirty-first  day  of  January, 
1898,  shall  abate  or  be  anywise  affected  by  the  pass- 
age of  this  title,  and  all  such  actions  or  other  proceed- 
ings so  pending  shall  thereafter  be  continued  before  the 
Court  of  Special  Sessions,  as  provided  for  by  this  title. 
And  any  Court  of  Special  Sessions  or  justice  of  the  peace 
before  whom  any  such  action  or  proceeding  shall  be  pend- 
ing at  said  time  shall  have  power  to  adjourn  the  same  to  the 
first  day  of  February  or  some  day  thereafter,  when  the  same 
shall  be  continued  before  the  Court  of  Special  Sessions,  as 
herein  provided  for. 

Designation  of  Magistrates. 

Sec.  141 7.  The  Mayor  of  the  City  of  New  York  shall,  on 
or  before  the  twenty-fifth  day  of  January,  1898,  designate  in 
respect  to  all  actions  and  proceedings  which  shall  be  pend- 
ing at  midnight  on  the  said  thirty-first  day  of  January, 
1898,  before  each  of  the  police  justices  and  justices  of  the 
peace  in  the  territory  embraced  within  the  said  second  d  ivis- 
ion  of  the  City  of  New  York,  which  of  the  magistrates  ap- 
pointed by  him,  pursuant  to  this  Act,  shall  thereafter  have 
jurisdiction  thereof,  and  the  same  shall  be  thereafter  trans- 
ferred to  and  continued  before  the  several  magistrates  so 
designated  respectively.  Such  designation  shall  be  pub- 
lished by  the  Mayor  for  three  days  prior  to  the  first  day  of 
February,  1898,  in  the  City  Record^  and  at  least  once  in  a 
newspaper  published  in  each  Borough;  within  said  second 
division. 


671 


y us t ices  to  Act. 

Sec.  141 8.  Until  midnight  of  said  thirty-first  day  of  Janu- 
ary, 1898,  the  several  police  justices  and  justices  of  the  peace 
within  the  territory  included  within  said  second  division 
shall  continue  to  exercise  all  the  authority,  power,  jurisdic- 
tion and  duties  given  and  imposed  upon  them  by  law  on  the 
thirty-first  day  of  December,  1897. 


Title  4. 
the  marshals. 

Sec.  1424.  The  Marshals  in  the  City  of  New  York  as 
heretofore  known  and  bounded,  and  the  Marshals  and  Con- 
stables in  the  cities  of  Brooklyn  and  Long  Island  City,  and  in 
the  several  towns  mentioned  in  Section  i  of  Chapter  I  of 
this  Act,  in  office  at  the  time  this  Act  shall  take  effect,  shall 
continue  to  hold  such  offices  and  perform  the  duties  thereof 
until  midnight  of  the  thirty-first  day  ot  January,  one  thou- 
sand eight  hundred  and  ninety-eight,  and  said  terms  ot 
office  shall  then  expire,  except  those  of  the  Marshals  in  the 
late  City  of  New  York  and  the  Marshals  in  the  late  City 
of  Brooklyn,  who  shall  continue  to  be  Marshals  of  The  City 
of  New  York,  as  hereby  constituted,  till  the  expiration  of 
their  respective  terms. 

Sec.  1425.  On  or  before  the  twentieth  day  of  January, 
1898,  the  Mayor  of  the  City  of  New  York  shall  appoint 
ten  Marshals  in  the  manner  provided  in  the  next  section, 
who  shall  hold  their  respective  offices  for  six  years;  and 
there  shall  be  appointed  in  like  manner  every  sixth  year 
hereafter  the  same  number  of  Marshals  for  the  like  terms. 
Any  person  appointed  after  the  commencement  of  the  term, 
as  herein  prescribed,  shall  hold  only  until  the  expiration 
of  the  term  and  until  a  successor  is  duly  appointed  and 
qualified. 

Sec.  1426.  Six  of  said  Marshals  so  to  be  appointed  shall  be 

672 


residents  of  the  Borough  of  Queens,  and  four  residents  of  the 
boroughs  of  Richmond  ;  and  said  Marshals  shall  be  assigned 
by  the  Mayor  to  such  duty  within  the  Boroughs  wherein 
they  reside  respectively  as  is  or  may  be  provided  by  law. 

Sec.  1427.  On  the  expiration  of  the  terms  of  said  Marshals 
of  The  City  of  New  York  mentioned  in  the  last  clause  of 
section  1424  of  this  Act,  the  said  Mayor  shall  appoint  their 
successors  for  terms  of  six  years  respectively. 

Sec.  1428.  In  so  far  as  consistent  with  this  Act,  the  provi- 
sions of  law  relating  to  the  bonds,  duties,  powers  and  fees  of 
Marshals,  and  all  other  matters  concerning  Marshals  in  the 
City  of  New  York  in  force  on  the  thirty-first  day  of  De- 
cember, 1897,  shall  apply  to  the  Marshals  appointed  or 
continued  in  office  pursuant  to  this  Title,  provided,  how- 
ever, that  the  bonds  of  said  Marshals  so  appointed  pur- 
suant to  this  Title  shall  be  filed  in  the  office  of  the  City 
Clerk,  and  that  in  the  prosecution  of  the  official  bonds  of 
all  Marshals,  application  for  leave  to  prosecute  the  same 
shall  be  made  to  a  Justice  of  the  Supreme  Court  at  Cham- 
bers in  the  judicial  department  wherein  the  Borough  for 
which  such  Marshal  shall  have  been  appointed  is  situated, 
and  such  leave  shall  not  be  granted  unless  it  appears  that  a 
transcript  of  the  judgment  against  such  Marshal  has  been 
filed  in  the  office  of  the  Clerk  of  the  county  within  which 
such  Borough  is  situated,  and  such  Justice  may  order  such 
bond  to  be  prosecuted  in  the  Municipal  Court  of  the  City  of 
New  York,  or  in  the  City  Court  of  the  City  of  New  York  if 
such  Borough  be  within  the  County  of  New  York  or  in  the 
County  Court  of  the  county  wherein  such  Borough  lies,  if  in 
any  other  county. 

Sec.  1429.  The  Mayor  may  remove  any  Marshal,  after 
giving  him  an  opportunity  to  be  heard,  upon  charges  in 
writing  preferred  against  such  Marshal,  and  filed  with  the 
Mayor. 

'V^  Of  THl'*^^ 

673 


CHAPTER  XXI. 

THE    ACQUISITION  OF     LANDS    AND    INTERESTS    THEREIN    FOR 

PUBLIC   PURPOSES. 

Procedure  for  acquirement  of  lands  and  interests  therein. 

Section  1435.  Whenever  the  City  of  New  York,  or  any  of 
the  departments,  including  the  Department  of  Education,  or 
boards  of  the  said  City  Government,  shall  be  authorized  by  law 
to  acquire  title  to  real  estate  or  any  tenements,  hereditaments, 
corporeal  or  incorporeal  rights  in  the  same,  for  any  public  use 
or  purpose  by  condemnation,  the  proceeding  for  that  purpose 
shall  be  taken  and  conducted  in  the  manner  prescribed  in  this 
title,  except  as  provided  in  section  1448  of  this  Act. 

Maps  to  be  prepared.     Entry  on  premises  for  examination  thereof. 

Sec.  1436.  When  any  such  lands  have  been  selected,  and  the 
said  department  or  board  has  determined  to  take  proceedings 
for  the  acquisition  of  the  same,  said  department  or  board  shall 
cause  two  similar  surveys,  maps  or  plans  thereof  to  be  prepared, 
one  of  which  shall  be  filed  in  the  office  of  the  said  department 
or  board,  and  the  other  of  which  shall  be  filed  in  the  office  of 
the  Register  or  County  Clerk  of  the  County  in  which  the  lands 
are  situated ;  and  it  shall  be  lawful  for  the  duly  authorized 
agents  of  the  said  department  or  board,  and  all  persons  acting 
under  its  authority,  and  by  its  direction,  to  enter,  in  the  day- 
time, into  and  upon  any  and  all  lands,  tenements  and  heredita- 
ments which  it  shall  be  necessary  to  enter  into  and  upon  for 
the  purpose  of  making  such  surveys,  maps  or  plans  or  for  the 
purpose  of  making  such  soundings  or  borings  as  the  said 
department  or  board  may  deem  necessary. 

Appointment  and  duties  of  Commissioners  of  Estimate. 

Sec.  1437.  When  the  said  maps,  surveys  or  plans  have  been 
filed  as  hereinbefore  provided,  the  said  department  or  board  of 

6Y4 


the  said  city  acting  by  and  through  the  Corporation  Counsel 
of  said  city,  is  hereby  authorized  to  make  application  to  a 
Special  Term  of  the  Supreme  Court,  in  and  for  the  Judicial 
District  in  which  said  lands  are  situated,  for  the  appointment 
of  Commissioners  of  Estimate,  and  the  said  Court  shall  there- 
upon name  three  discreet  and  disinterested  persons,  being 
residents  of  the  City  of  New  York,  as  such  Commissioners 
of  Estimate,  for  the  purpose  of  performing  the  duties  herein- 
after mentioned.  Ten  days'  notice  of  such  application,  Sun- 
days and  holidays  excluded,  shall  be  published  in  the  "  City 
Record,"  and  the  corporation  newspapers,  and  also  at  the  option 
of  the  Corporation  Counsel  in  other  newspapers,  not  exceeding 
three  in  number,  published  in  said  City  of  New  York.  Upon  the 
appointment  of  said  Commissioners  they  shall  severally  take 
and  subscribe  an  oath  or  affirmation,  before  some  officer  au- 
thorized to  administer  oaths,  in  the  form  required  by  section 
one  of  article  thirteen  of  the  Constitution  of  this  State,  which 
oaths  shall  be  forthwith  filed  in  the  office  of  the  Clerk  of  the 
Supreme  Court  in  the  Judicial  District  in  which  said  lands  are 
situated.  It  shall  be  the  duty  of  the  said  Commissioners,  after 
having  viewed  the  said  lands,  tenements,  hereditaments  and 
premises  required  for  public  uses  and  purposes,  as  above  set 
forth,  to  make  a  just  and  equitable  estimate  of  the  loss  and 
damage  to  the  respective  owners,  lessees,  parties  and  persons 
respectively  entitled  to  or  interested  in  the  said  lands,  tene- 
ments, hereditaments  and  premises,  and  to  make  report  thereof 
to  the  said  Supreme  Court  with  due  diligence. 

Reports  of  Commissioners  of  Estimate.     Presentation  thereof  to  the 
Court.     When  title  to  vest  in  City. 

Sec.  1438.  In  each  and  all  and  every  case  when  the  owners, 
or  parties  interested,  or  their  respective  estates  and  interests  are 
unknown,  or  not  fully  known,  to  the  said  Commissioners,  it  shall 
be  sufficient  for  them  to  estimate  and  set  forth  and  state  in  their 
said  reports,  in  general  terms,  the  respective  sums  to  be  allowed 
and  paid  to  the  owners  and  proorietors  generally  of  such 
lands,  tenements,  hereditaments  and  premises  and  parties  in- 
terested therein,  for  the  loss  and  damage  to  such  owners,  pro- 
prietors and  parties  interested  in  respect  of  the  whole  estate 

675 


and  interest  of  whomsoever  may  be  entitled  unto  or  interested 
in  said  lands,  tenements,  hereditaments  and  premises  respec- 
tively, by  and  in  consequence  of  the  taking  of  the  same,  as 
herein  provided,  without  specifying  the  names  of  the  estate  or 
interests  of  such  owners,  proprietors,  and  parties  interested,  or 
either. of  them,  and  upon  the  coming  in  of  the  said  report, 
signed  by  the  said  Commissioners,  or  a  mnjority  of  them,  the 
said  Supreme  Court  at  a  Special  Term  thereof  held  in  and  forthe 
Judicial  District  as  aforesaid,  shall,  by  order,  upon  application  of 
the  said  Cit}'^,  or  the  said  department  or  board  of  the  Government 
thereof  conducting  said  proceeding,  after  hearing  any  matter 
which  may  be  alleged  against  the  same,  either  confirm  said  re- 
port in  whole  or  in  part  or  refer  the  same  back  to  the  same 
Commissioners  lor  revisal  and  correction,  or  to  new  Com- 
missioners, to  be  appointed  by  the  said  Court,  to  reconsider 
the  subject  matter  thereof,  and  the  said  Commissioners  to 
whom  the  said  report  shall  be  so  referred  shall  return  the  said 
report,  corrected  and  revised,  or  a  new  report,  to  be  made  by 
them,  as  aforesaid,  in  the  premises,  to  the  said  Court,  without 
unnecessary  delay,  and  the  same  on  being  so  returned  shall  be 
confirmed  or  again  referred  by  the  said  Court,  as  justice  shall 
require,  and  such  report  when  confirmed  by  said  Court,  in 
whole  or  in  part,  shall  be  final  and  conclusive,  as  well  upon  the 
said  city  and  the  said  department  or  board  as  upon  the  owners, 
lessees,  persons  and  parties  interested  in  and  entitled  to  the 
lands,  tenements,  hereditaments  and  premises  mentioned  in 
said  report,  and  also  upon  all  other  persons  whomsoever. 
And  on  the  final  confirmation  of  said  report,  the  said  City  of 
New  York,  except  as  hereinafter  provided,  shall  become  and 
be  seized,  in  fee  simple  absolute,  of  the  lands  included  in  said 
report,  the  same  to  be  converted,  appropriated  and  used  to  and 
for  the  purposes  for  which  the  same  shall  be  acquired  accord- 
ingly. And  thereupon  the  said  City,  acting  by  and  through 
the  department  or  board  instituting  and  having  charge  of  said 
proceeding,  shall  immediately  take  possession  of  the  same, 
without  any  suit  or  proceedings  at  law  for  that  purpose,  and 
all  leases  and  other  contracts  in  regard  to  the  said  lands  so 
taken,  or  any  part  thereof,  and  all  covenants,  contracts  or  en- 
gagements between  landlords  and  tenants,   or  any  other  con- 

676 


tracting  parties,  shall,  upon  the  confirmation  of  such  reports 
respectively,  cease  and  determine  and  be  absolutely  discharged 
according:  to  law. 


'b 


When  title  may  be  vested  by  resolution. 

Sec.  1439.  Should  the  department  or  board  of  the  said  City 
Government  instituting  the  said  proceeding  deem  it  for  the 
public  interest  that  the  title  to  the  lands  and  premises,  or  any 
interest  therein,  required  for  any  public  improvement  or 
for  any  public  purpose  and  acquired  hereunder,  should  be 
acquired  by  The  City  of  New  York  at  a  fixed  or  specified 
time,  the  said  department  or  board  may  direct,  by  reso- 
lution passed  before  the  application  to  the  Court  for  the  ap- 
pointment of  Commissioners  of  Estimate,  made  under  section 
1437  of  this  Act,  and  which  said  resolution  shall  be  recited  in 
the  petition  for  the  appointment  of  such  Commissioners, 
that  at  a  date  four  months  after  the  filing  of  the  oaths  of 
said  Commissioners,  the  title  to  any  piece  or  parcel  of  land,  or 
to  any  interest  therein,  to  be  taken  or  acquired  in  the  said  pro- 
ceeding, shall  vest  in  The  City  of  New  York.  At  the  expiration 
of  said  four  months  from  the  filing  of  said  oaths,  the  said  City 
of  New  York  shall  become  and  be  seized  in  fee  of  said  lands, 
tenements  and  hereditaments  and  all  interests  therein  in  said 
resolution  mentioned,  that  shall  or  may  be  acquired  as  afore- 
said, the  same  to  be  held  appropriated,  converted  and  used  to 
and  for  the  purposes  for  which  the  said  proceeding  is  instituted. 
In  such  cases  interest  at  the  legal  rate  upon  the  sum  or  sums 
to  which  the  owners,  lessees,  parties  or  persons  interested  in 
the  said  real  estate  or  interests  therein  are  justly  entitled  upon 
the  date  of  the  vesting  of  title  in  The  City  of  New  York,  as 
aforesaid,  from  said  date  to  the  date  of  the  payment  of  the 
award  made  to  such  owners,  lessees,  parties  or  persons  in 
interest  shall  be  paid  as  hereinafter  set  forth.  And  at  the 
expiration  of  the  said  four  months  and  upon  the  vesting  of 
said  title,  the  said  city,  acting  by  and  through  the  said  depart- 
ment or  board  conducting  said  proceeding,  shall  immediately 
take  possession  of  the  lands  included  in  the  same  and  the 
interests  thereby  afiected,  without  any  suit  or  proceeding  at 
law  for  that  purpose.     And  all  leases  and  other  contracts  in 

677 


regard  to  said  lands  so  taken,  or  any  part  thereof,  and  all 
covenants,  contracts  or  engagements  between  landlords  and 
tenants  or  any  other  contracting  parties  shall,  upon  the  vesting 
of  said  title,  respectively  cease  and  determine  and  be  dis- 
charged according  to  law. 

Notice  of  deposit  and  presentation  of  report ;  payment  of  awards 
with  interest. 

Sec.  1440.  The  said  Commissioners  of  Estimate,  at  least  four- 
teen days  before  they  present  their  report  to  the  Supreme 
Court,  shall  deposit  a  true  report  or  transcript  of  such  esti- 
mate in  the  office  of  the  department  or  board  conducting  such 
proceeding,  for  the  inspection  of  whomsoever  it  may  concern, 
and  shall  give  daily  notice  by  advertisement  in  the  "  City 
Record"  and  the  corporation  newspapers,  and  also,  at  the 
option  of  the  Corporation  Counsel,  in  other  newspapers, 
not  exceeding  three  in  number,  published  in  said  City  of 
New  York,  for  ten  days,  Sundays  and  holidays  excluded, 
after  depositing  such  report,  of  the  said  deposit  thereof 
in  said  office,  and  for  the  day  on  which  the  said  report 
will  be  presented  to  said  Court,  and  any  person  or  per- 
sons whose  rights  may  be  affected  thereby,  and  who  may 
object  to  the  same,  or  any  part  thereof,  may,  within  ten 
days  after  the  first  publication  of  such  notice,  set  forth  their 
objections  to  the  same  in  writing  to  the  said  Commissioners, 
who  shall,  after  hearing  the  parties  so  objecting,  thereupon  re- 
consider their  said  estimate  and  assessment,  or  the  part  or  parts 
thereof  so  objected  to,  and  in  case  the  same  shall  appear  to 
them  to  require  correction,  but  not  otherwise,  they  shall  and 
may  correct  the  same  accordingly.  The  said  City  of  New 
York  shall,  within  two  calendar  months  after  the  confirmation 
of  the  said  report,  pay  to  the  parties  entitled  thereto  the  re- 
spective sum  or  sums  so  estimated  and  reported  in  their  favor 
respectively,  with  lawful  interest  from  the  date  of  the  confirma- 
tion of  the  report  of  said  Commissioners,  or  if  title  to  said  lands 
shall  have  vested  in  the  city  under  section  1438  of  this  Act,  from 
the  date  of  said  vesting  ;  and  in  default  thereof  said  persons  or 
parties  respectively,  his,  her,  or  their  respective  heirs,  execu- 
tors, administrators,  successors  or  assigns,  may,  at  any  time  or 

678 


times  after  application  first  made,  by  him,  her,  or  them  to  the 
Comptroller  of  The  City  of  New  York  for  payment  thereof,  sue 
for  and  recover  the  same  with  lawful  interest,  as  aforesaid,  and 
the  costs  of  suit* 

Owners  unknown,  infafiis,  or  of  unsound  mind. 

Sec.  1441.  Whenever  the  owners  and  proprietors  of  any  lands, 
tenements,  hereditaments  and  premises  to  be  taken  for  any  of 
the  purposes  aforesaid,  or  the  party  or  parties,  person  or  per- 
sons interested  therein,  or  any  or  either  of  them,  the  said  own- 
ers, proprietors,  parties  or  persons,  in  whose  favor  any  such 
sum  or  sums  or  compensation  shall  be  so  reported,  shall  be  un- 
der the  age  of  twenty-one  years,  non  compos  mentis,  or  absent 
from  The  City  of  New  York ;  and  also  in  all  cases  where  the 
name  or  names  of  the  owner  or  owners,  parties  or  persons  en- 
titled unto  or  interested  in  any  lands,  tenements,  hereditaments 
or  premises  that  may  be  so  taken  for  any  of  the  purposes  afore- 
said, shall  not  be  set  forth  or  mentioned  in  said  report ;  or  when 
the  said  owners,  parties  or  persons  respectively,  being  named 
therein,  cannot,  upon  diligent  inquiry,  be  found,  it  shall  be  law- 
ful for  the  said  City  of  New  York  to  pay  the  sum  or  sums 
mentioned  in  the  report  as  payable,  or  that  would  be  coming  to 
such  owners,  proprietors,  parties  and  persons  respectively,  into 
the  Supreme  Court,  to  be  secured,  disposed  of,  improved 
and  paid  out,  as  the  Appellate  Division  of  the  Supreme 
Court,  in  said  Judicial  District,  shall  direct ;  and  such  pay- 
ment shall  be  as  valid  and  effectual  in  all  respects  as  if 
made  to  the  said  owners,  proprietors,  parties  and  per- 
sons respectively,  themselves,  according  to  their  just  rights, 
if  they  had  been  known,  and  had  all  been  present,  of  full  age^ 
compos  mentis  ;  and  provided,  also,  that  in  all  and  each  and 
every  case  or  cases,  where  any  such  sum  or  sums  or  compen- 
sation, so  to  be  reported  by  said  Commissioners  in  favor  of 
any  person  or  persons,  party  or  parties  whatsoever,  whether 
named  or  not  named  in  said  report,  shall  be  paid  to  any  per- 
son or  persons,  party  or  parties  whatsoever,  when  the  same 
shall  of  right  belong  to  and  ought  to  have  been  paid  to  some 
other  person  or  persons,  party  or  parties,  it  shall  be  lawful  for 
the  person  or  persons,  party  or  parties  to  whom  the  said  sum 

679 


or  sums  ought  to  have  been  paid,  to  sue  for  and  recover  the 
same,  with  lawful  interest  and  costs  of  suit,  as  so  much  money 
had  and  received  to  his,  her  or  their  use,  by  the  person  or  per- 
sons, party  or  parties,  respectively,  to  whom  the  same  shall 
have  been  so  paid.  Payment  of  the  compensation  awarded  by 
said  Commissioners  of  Estimate  to  the  persons  named  in  their 
report  (if  not  infants  or  persons  of  unsound  mind)  shall,  in  the 
absence  of  notice  to  the  Comptroller  of  The  City  of  New  York 
of  adverse  claims  thereto,  protect  said  city.  The  said  Com- 
missioners of  Estimate  shall  include  and  set  forth  in  their 
report  the  names  of  the  respective  owners,  lessees,  parties  and 
persons  entitled  unto  or  interested  in  said  report,  and  each  and 
every  part  and  parcel  thereof,  as  far  forth  as  the  same  shall  be 
ascertained  by  them,  and  add  a  designation  and  description  of 
such  respective  lands  and  parcels  of  land  aforesaid,  and  also 
the  several  respective  sums  estimated  as  and  for  the  compen- 
sation and  recompense  or  allowance  to  be  made  for  the  loss 
and  damage  of  the  respective  owners  of  the  fee  or  inheritance 
of  such  lands,  tenements,  hereditaments  and  premises  respec- 
tively, and  for  the  loss  and  damage  of  the  respective  owners 
of  the  leasehold  estate,  or  their  interest  therein,  separately. 
And  the  said  Commissioners  shall  also  include  in  said  report 
the  amount  of  their  fees  and  all  costs  and  disbursements  for 
expenses  of  surve3^s,  maps  and  other  things. 

Appeal. 

Sec.  1442.  Within  twenty  days  after  notice  of  the  confirma- 
tion ot  the  report  of  the  Commissioners  as  provided  for  in 
section  1438  of  this  Act,  any  party  interested  and  deeming 
himself  or  themselves  aggrieved  may  appeal  by  notice  in 
writing  to  the  other  party,  to  the  Appellate  Division  of 
the  Supreme  Court  in  said  Judicial  District  from  the  ap- 
praisal and  report  of  the  Commissioners.  Such  appeal  shall  be 
heard  on  due  notice  thereof,  being  given  according  to  the  rules 
and  practice  of  said  court.  On  the  hearing  of  such  appeal,  the 
court  may  direct  a  new  appraisal  and  determination  of  any 
question  passed  upon,  by  the  same  or  new  Commissioners,  in  its 
discretion,  but  from  any  determination  of  the  Special  Term,  an 

680 


appeal  may  be  taken  upon  the  merits  to  the  said  Appellate 
Division  of  said  court  and  from  any  determination  of  the  said 
Appellate  Division  any  party,  if  aggrieved,  may  take  an  appeal 
to  the  Court  of  Appeals,  but  only  as  to  a  question  affecting  the 
principle  of  the  assessment  of  damages  by  the  said  Commis- 
sioners. In  the  case  of  a  new  appraisal  the  second  report  shall 
be  filed  and  notice  thereof  given,  and  such  review  upon  appeal 
or  otherwise  be  had  as  in  the  case  of  an  original  report,  and  so 
from  time  to  time  until  a  report  shall  be  presented  which  the 
said  Court  at  Special  Term  shall  finally  affirm,  and  shall  be 
affirmed  upon  appeal,  should  any  appeal  be  taken.  But  the 
taking  of  an  appeal  by  any  person  or  persons  shall  not  operate 
to  stay  the  proceedings  under  this  title  except  as  to  the  particu- 
lar parcel  of  real  estate  with  which  the  said  appeal  is  con- 
cerned. Such  appeal  shall  he  heard  upon  the  evidence  taken 
before  such  Commissioners,  and  any  affidavits  as  to  irregulari- 
ties. 


Removal,  etc.,  of  Commissioners  of  Estimate. 

Sec.  1443.  In  case  of  death,  resignation,  insanity,  disquali- 
fication, refusal  or  neglect  to  act,  or  removal  of 'any  such 
Commissioner  of  Estimate  appointed  as  in  this  chapter  pro- 
vided, it  shall  and  may  be  lawful  for  the  Court  afore- 
said, at  a  special  term  thereof,  held  in  the  Judicial  District 
as  aforesaid,  on  the  application  of  the  department  or  board 
of  the  said  City  of  New  York,  conducting  said  proceed- 
ing, as  often  as  such  event  may  happen,  to  appoint  a  dis- 
creet and  disinterested  person,  being  a  resident  of  the  said 
City  of  New  York  in  the  place  and  stead  of  such  Commis- 
sioner so  dying,  resigning,  becoming  insane  or  disqualified, 
refusing  or  neglecting  to  act,  or  removed,  and  the  surviving 
Commissioners,  as  the  case  may  be,  shall  have  full  power  to 
proceed  in  the  execution  of  the  duties  of  their  appointment 
until  the  successor  of  the  Commissioner  so  dying,  becoming 
insane,  resigning,  being  disqualified,  neglecting  or  refusing 
to  act,  or  removed,  shall  be  appointed.^  Ten  days'  notice  of 
said  application  shall  be  given  to  all  parties  who  have  appeared 
in  the  proceeding. 

681 


Poivers  of  Commissioners  and  of  a  fnajority  thereof ;  fees,  expenses. 

Sec.  1444.  In  each  and  every  case  of  the  appointment  of 
Commissioners  under  this  act,  it  shall  be  competent  and  lawful 
for  any  two  of  such  Commissioners,  so  appointed  as  aforesaid, 
to  proceed  to  and  execute  and  perform  the  trusts  and  duties  of 
their  said  appointment,  and  their  acts  shall  be  as  valid  and 
effectual  as  the  acts  of  all  the  Commissioners  if  they  had  acted 
together  would  have  been  ;  and  further,  in  all  cases,  the  acts, 
proceedings  and  decisions  of  a  major  part  of  such  of  the  Com- 
missioners as  shall  be  acting  in  the  premises,  shall  be  as  valid, 
binding  and  effectual  as  if  the  said  Commissioners  named  and 
appointed  for  such  purposes  had  all  concurred  and  joined 
therein.  In  the  said  proceedings,  any  of  the  said  Commis- 
sioners of  Estimate  may  issue  subpoenas  and  administer  oaths 
to  witnesses.  The  Commissioners  appointed  under  and  by 
virtue  of  this  title,  who  shall  enter  upon  the  duties  of  their 
appointment,  shall  each  be  entitled  to  receive  such  compensa- 
tion as  shall  be  awarded  by  the  Court,  upon  the  confirmation 
of  their  respective  reports,  not  exceeding  ten  dollars  for  each 
day  upon  which  they  shall  meet  and  be  actually  and  neces- 
sarily employed  in  the  performance  of  their  duties  as  Commis- 
sioners, besides  all  reasonable  expenses,  to  be  taxed  and  al- 
lowed by  said  Court  for  maps,  surveys,  clerk  hire,  and  other 
necessary  expenses  and  disbursements,  and  the  same  shall  be 
included  in,  considered  and  paid  as  part  of  the  expenses  of 
acquiring  the  lands  or  interests  therein  for  the  acquirement 
of  which  the  said  proceeding  is  instituted. 

Am,endments  of  defects. 

Sec.  1445.  The  Special  Term  of  the  Supreme  Court,  in  the 
Judicial  District,  as  aforesaid,  shall  have  power  at  any  time  to 
amend  any  defect  or  informality  in  any  of  the  special  proceed- 
ings authorized  by  this  title  that  may  be  necessary,  or  to  permit 
any  person  having  an  interest  therein,  to  be  made  a  party  there- 
to, or  to  relieve  from  any  default,  mistake  or  irregularity,  or 
to  direct  such  further  notices  to  be  given  to  any  party  in 
interest  as  it  deems  proper.  And  the  said  Court  may,  at  any 
time,  remove  any  of  said  Commissioners  of  Estimate  who,  in 

682 


its  judgment,  shall  be  incapable  of  serving,  or  who  shall,  for 
any  reason  in  its  judgment,  be  an  unfit  person  to  serve  as  Com- 
missioner. The  cause  of  such  removal  shall  be  specified  in 
the  order  making  the  same.  If  in  any  particular  it  shall  at  any 
time  be  found  necessary  to  amend  any  pleading,  proceeding,  or 
to  supply  any  defect  therein  arising  in  the  course  of  any 
special  proceeding  authorized  by  this  Act,  the  same  may  be 
amended  or  supplied  in  such  a  manner  as  shall  be  directed  by 
the  said  Special  Term  of  the  Supreme  Court,  which  is  hereby 
authorized  to  make  such  amendment  or  correction. 

Corporation   Counsel  to  appear  and  protect  interests  of  the  City. 

Sec.  1446.  The  Corporation  Counsel  shall,  either  in  person, 
or  by  such  counsel  as  he  shall  designate  for  the  purpose,  appear 
for  and  protect  the  interests  of  the  City  in  all  such  proceedings 
in  Court  and  before  the  Commissioners  of  Estimate. 

Source  of  payment  of  awards  and  expenses. 

Sec.  1447.  The  amounts  of  theawards  made  in  a  proceeding 
brought  under  this  title  for  the  value  of  lands  and  interests 
therein  taken  hereunder,  shall  be  paid  out  of  the  fund  created 
by  the  act  authorizing  the  acquirement  of  the  said  lands  or 
interests  therein,  and  the  money  for  the  payment  thereof, 
together  with  the  fees  of  the  Commisioners  of  Estimate,  the 
compensation  of  such  necessary  clerks  or  assistants  as  they 
may  employ,  and  all  other  necessary  expenses  in  and  about 
the  special  proceeding  instituted  under  this  title,  including  the 
fees  of  counsel  employed  by  the  Corporation  Counsel  in  the 
proceeding,  and  all  other  reasonable  expenses  incurred  by  said 
Corporation  Counsel  in  the  conduct  of  said  proceeding,  shall 
be  also  paid  out  of  the  said  fund  so  provided.  Such  fees 
and  expenses  shall  not  be  paid  until  they  have  been  taxed  at  a 
Special  Term  of  the  Supreme  Court  in  the  Judicial  District 
as  aforesaid,  upon  five  days'  notice  to  the  Corporation  Counsel 
of  The  City  of  New  York.  Upon  such  taxation  due  proof 
of  the  nature  and  extent  of  the  services  rendered  and  dis- 
bursements charged  shall  be  furnished,  and  no  unnecessary 
costs  or  charges  shall  be  allowed.     All  such  costs,  fees  and  ex- 

683 


penses  or  disbursements  to  be  taxed,  as  aforesaid,  shall  be 
stated  in  detail  in  the  bill  of  costs  and  charges  and  expenses, 
and  shall  be  accompanied  by  such  proof  of  the  reasonableness 
and  necessity  thereof,  as  is  now  required  by  law  and  the  prac- 
tice of  the  said  Court  upon  taxation  of  costs  and  disburse- 
ments in  other  special  proceedings  or  actions  in  said  Court. 

W/iai  proceedings  excepted  from  provisions  of  this  title. 

Sec.  1448.  The  provisions  of  this  Act  shall  not  apply  to  any 
proceedings  for  the  purpose  of  opening  any  streets,  avenues, 
or  public  places,  parks  or  parkways,  or  to  any  proceedings  for 
the  improvement  of  or  in  connection  with  the  water  supply 
of  The  City  of  New  York,  or  for  the  acquisition  of  wharf 
property  for  the  irhprovement  of  the  water-front  of  said 
city,  or  to  any  proceedings,  of  any  nature,  instituted  prior 
to  the  time  of  the  taking  effect  of  this  title,  and  such  pro- 
ceeding shall  be  conducted  in  all  respects  as  if  this  title  had 
not  been  passed. 


C84 


CHAPTER   XXII. 

GENERAL   STATUTES. 

Title  1.  The  Streets. 

2.  Amusements. 

3.  Birds. 

4.  Commercial  Paper  During  Epidemic. 

5.  Pharmacists  and  Druggists. 

6.  Board  of  City  Record. 

7.  General  Provisions. 

8.  Coroners. 

Title  1. 
the  streets. 

Municipal  Assembly  to  regulate  driving,  etc. 

Section  1454.  The  Municipal  Assembly  is  hereby  authorized 
and  empowered  to  pass  ordinances  regulating  the  rate  of  speed  at 
which  horses  shall  be  driven  or  ridden,  and  at  which  vehicles  shall 
be  propelled  through  any  street,  within  The  City  of  New  York, 
and  to  pass  ordinances  regulating  the  use  of  the  streets,  in  said 
City,  by  foot-passengers,  vehicles  and  animals.  Any  person 
violating  any  ordinance  so  passed  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  by  any  magistrate, 
either  upon  confession  of  the  party  or  competent  testimony, 
may  be  fined  for  such  offence  any  sum  fixed  by  such  ordinance 
as  a  penalty  not  exceeding  ten  dollars,  and  in  default  of  pay- 
ment of  such  fine,  may  be  committed  to  prison  by  such  magis- 
trate until  the  same  be  paid ;  but  such  imprisonment  shall  not 
exceed  ten  days.     Until  the  Municipal  Assembly  shall  pass  ordi- 

685 


nances  regulating  the  matters  which  by  this  title  it  is  author- 
ized to  regulate,  the  laws  and  ordinances  now  applicable  to  such 
matters  in  the  different  parts  of  The  City  of  New  York,  as 
constituted  by  this  Act,  shall  continue  and  remain  in  full  force 
and  effect. 

Law  of  the  road. 

Sec.  1455.  In  all  cases  of  persons  meeting  each  other  in  any 
street  in  The  City  of  New  York,  in  carriages,  wagons,  carts,  bicycles 
tricycles  or  sleighs,  each  person  so  meeting  shall  go  to  that  side 
of  the  street  on  his  right,  so  as  to  enable  the  carriages,  wagons, 
carts,  bicycles,  tricycles  or  sleighs  so  meeting  to  pass  each  other, 
under  the  penalty  of  five  dollars  for  every  offence,  to  be  recovered 
by  an  action,  with  costs  of  suit,  in  any  court  having  cognizance 
thereof,  by  any  person  suing  for  the  same.  The  proprietor  of  the 
carriage,  wagon,  cart,  bicycle,  tricycle  or  sleigh,  neglecting  or  refus- 
ing to  turn  to  the  right,  as  above  directed,  shall  be  considered,  if 
present  at  the  time  of  such  meeting,  as  the  person  committing 
the  said  offence,  and  if  absent,  then  the  driver  of  such  carriage, 
wagon,  cart  or  sleigh,  or  the  rider  of  such  bicycle  or  tricycle 
shall  be  so  considered. 

Rubbish,  nails,  etc.,  not  to  be  thrown  in  the  streets. 

Sec.  1456.  No  person  or  persons  shall  throw,  cast  or  lay, 
or  direct,  suffer,  or  permit  any  servant,  agent,  or  employee 
to  throw,  cast  or  lay  any  ashes,  offal,  vegetables,  garbage, 
dross,  cinders,  shells,  straw,  shavings,  paper,  dirt,  filth  or 
rubbish  of  any  kind  whatever,  in  any  street  in  The  City  of 
New  York.  The  wilful  violation  of  any  of  the  foregoing 
provisions  of  this  section  shall  be  and  is  hereby  declared  to  be  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  than 
one  dollar  nor  more  than  ten  dollars,  or  by  imprisonment  for  a 
term  of  not  less  than  one,  nor  more  than  five  days.  It  shall  be 
a  misdemeanor,  punishable  by  a  fine  of  not  more  than  five  dol- 
lars for  the  first  offence  nor  more  than  ten  dollars  for  the  second 
offence,  and  for  the  third  offence  not  less  than  twenty-five  nor 
more  than  fifty  dollars,  or  by  imprisonment  for  not  less  than 
three  nor  more  than  thirty  days,  or  by  both  such  fine  and  im- 

686 


prisonment,  for  any  person  being  the  owner  or  the  agent,  or  the 
employee  of  the  owner  of  any  truck,  cart,  wagon,  or  other  vehic- 
les, or  of  any  box,  barrel,  bale  of  merchandise,  or  other  movable 
property,  to  leave,  or  suffer  or  permit  to  be  left,  such  truck,  cart, 
wagon  or  other  vehicles  unharnessed  upon  any  public  street 
within  The  City  of  New  York ;  or,  except  upon  such  portion 
of  any  marginal  street  or  wharf  or  place  as,  by  the  provisions  of 
this  Act,  is  committed  to  the  custody  and  control  of  the  Board 
of  Docks,  to  leave,  or  suffer  or  permit  to  be  kept,  any  such 
barrel,  box,  bale,  or  other  property,  or  to  erect  or  cause  to  be 
erected,  any  shed,  building  or  other  obstruction  upon  any  such 
public  street ;  but  a  truck,  cart,  wagon  or  vehicle  for  which 
a  permit  shall  have  been  issued  under  the  provisions  of  this 
Act,  may  lawfully  occupy,  between  the  hours  of  six  o'clock 
in  the  evening  and  seven  o'clock  in  the  morning,  and  on  Sun- 
days and  legal  holidays,  but  at  no  other  time,  and  in  such  case 
only  so  long  as  said  permit  remains  in  force  under  the  pro- 
visions of  this  Act,  the  particular  portion  of  any  street 
designated  and  described  in  said  permit,  and  also  except  that 
in  case  of  an  accident  to  a  truck,  cart,  wagon  or  other  vehicle, 
the  owner  or  driver  of  said  truck,  cart,  wagon  or  other  vehicle, 
if  it  be  disabled  by  such  accident,  shall  be  allowed  a  reason- 
able time,  not  exceeding  three  hours,  to  remove  it. 

Every  person  who  shall  wilfully  throw,  expose,  or  place,  or 
who  shall  wilfully  cause,  or  procure  to  be  thrown,  exposed,  or 
placed,  in  or  upon  any  street  in  The  City  of  New  York,  open 
for  the  passage  of  animals,  any  nails,  pieces  of  metal,  glass,  or 
other  substance  or  thing  which  might  maim,  wound,  lame,  cut, 
or  otherwise  injure  any  animal,  shall  be  guilty  of  a  misde- 
meanor. 

Every  person  who  shall  wilfully  throw,  expose  or  place, 
or  who  shall  cause  or  procure  to  be  thrown,  exposed  or  placed 
in  or  upon  any  street  in  The  City  of  New  York,  open  for  the 
passage  of  animals,  except  upon  the  curves,  crossings,  or 
switches  of  railroad  tracks,  any  salt,  or  saltpeter,  for  the  purpose 
of  dissolving  any  snow  or  ice  which  may  have  fallen  or  been 
deposited   thereon,    shall   be  guilty  of  a  misdemeanor. 


687 


Processions  and  parades;  regulations  concerning. 

Sec.  1457.  All  processions  or  parades  occupying  or  marching 
upon  any  street,  to  the  exclusion  or  interruption  of  other  citizens 
in  their  individual  right  and  use  thereof  (excepting  the  National 
Guard  and  the  Police  and  Fire  Departments,  and  Associations 
of  Veteran  Soldiers)  are  forbidden  unless  written  notice  of  the 
object,  time  and  route  of  such  procession  or  parade  be  given  by 
the  chief  officer  thereof,  not  less  than  six  hours,  previous  to  its 
forming  or  marching,  to  the  police  authorities  of  the  city,  and 
it  may  be  lawful  for  said  police  authorities  to  designate  to  such 
procession  or  parade  how  much  of  the  street  in  width  it  can 
occupy,  with  especial  reference  to  crowded  thoroughfares  through 
which  said  procession  may  move;  and,  when  so  designated,  the 
chief  officer  of  said  procession  or  parade  shall  be  responsible  that 
the  designation  is  obeyed ;  and  it  shall  be  the  duty  of  the  police 
authorities  to  furnish  such  escort  as  may  be  necessary  to  protect 
persons  and  property  and  maintain  the  public  peace  and  order. 

All  processions  or  parades  on  Sunday,  in  any  street  of 
the  city,  excepting  only  funeral  processions  engaged  in  the 
actual  burial  of  the  dead,  and  processions  to  and  from  any 
place  of  worship  in  connection  with  a  religious  service  there 
celebrated,  are  forbidden ;  and  in  no  such  excepted  case  shall 
there  be  any  music,  fireworks,  discharge  of  cannon  or  fire-arms, 
or  other  disturbing  noise ;  provided  that  in  any  military  or 
Grand  Army  of  the  Republic  funeral,  music  may  be  played  w^hile 
escorting  the  body  to  and  from  such  places,  but  such  music  shall 
not  be  played  within  one  block  of  any  place  of  worship  where 
worship  is  being  celebrated. 

Every  person  wilfully  violating  any  provision  of  this  section 
or  any  ordinance  passed  by  the  Municipal  Assembly  pursuant  to 
the  last  preceding  section  shall  be  guilty  of  a  misdemeanor 
punishable  with  a  fine  not  exceeding  $20  or  imprisonment  not 
exceeding  $10  or  both  at  the  discretion  of  the  court. 

Stages  and  omnibusses;  consent  of  property  owfters  necessary  before 
franchise  granted. 

Sec.  1458.     No  stage  or  omnibus  route,  or  authority  to  run 

688 


stages  or  omnibuses  in  The  City  of  New  York,  shall  here- 
after be  granted  by  the  Municipal  Assembly,  unless  a  major- 
ity of  the  owners  of  property  upon  the  streets,  in  or  upon 
which  any  such  route  or  privilege  is  to  be  operated,  shall, 
before  the  Municipal  Assembly  act  on  the  subject,  first  consent 
in  writing  thereto. 

Id.:  Application  to  Mayor,  etc.,  before  route  established. 

Sec.  1459.  Before  any  route  for  the  running  of  omnibuses  or 
stages  shall  be  established  or  allowed  to  be  operated  in  said  city, 
except  as  provided  in  Section  fourteen  hundred  and  seventy- 
one  of  this  Act,  the  application  therefor  shall  be  made  in 
writing  to  the  Mayor  of  said  city,  specifying  the  route  pro- 
posed to  be  established  and  the  number  of  stages  or  omni- 
buses proposed  to  be  run  thereon ;  and  unless  the  said 
Mayor  shall  communicate  such  application  to  the  Municipal 
Assembly  with  his  approval  thereof,  and  said  Municipal  Assem- 
bly after  receiving  such  communication  and  approval  shall  vote 
in  favor  thereof  by  a  majority  vote  of  each  house,  no  such  route 
shall  be  established  or  operated ;  and  upon  such  favorable  action 
such  route  may  be  established  and  operated  accordingly,  and  the 
ownership  thereof  may  be  transferred. 

Id. :  Stage  route  to  be  disposed  of  like  other  franchises. 

Sec.  1460.  Any  stage  route  or  privilege  hereafter  granted 
by  the  Municipal  Assembly  shall  be  disposed  of  in  the  manner 
provided  by  law  for  the  disposition  of  the  franchises  of  said  city. 

Id. :  Not  to  be  run  except  in  conformity  with  preceding  sections. 

Sec.  1461.  It  shall  not  be  lawful  to  run  stages  or  omnibuses 
in  The  City  of  New  York,  as  constituted  by  this  Act,  except  in 
conformity  with  the  preceding  sections. 

Wilfully  breaking  street  lamps,  etc. 

Sec.  1462.  If  any  person  shall  wilfully  break,  take  down  or 
carry  away  any  glass-lamp  hung  or  fixed  in  any  of  the  streets  of 

689 


The  City  of  New  York ;  or  extinguish  the  lights  therein,  or  be 
aiding  or  abetting  in  the  same,  or  shall  wilfully  break  or  deface 
any  glass,  window,  porch,  knocker,  or  other  fixture  in  the  said 
city,  and  shall  be  convicted  thereof  before  the  recorder,  or 
before  any  city  magistrate,  either  by  the  confession  of  the 
party  or  by  the  oath  of  one  or  more  credible  witness  or  wit- 
nesses, he  or  she  shall,  for  every  such  offence,  pay  a  fine 
not  exceeding  twenty-five  dollars.  Upon  refusal  of  payment 
of  such  fine,  it  shall  and  may  be  lawful  for  such  re- 
corder or  justice,  before  whom  such  conviction  shall  take 
place,  to  commit  such  offender  to  the  penitentiary,  there  to 
remain  until  such  fine  and  costs  are  paid ;  but  not  longer  than 
for  the  space  of  two  months,  and  if  any  such  offense  shall  be  com- 
mitted by  any  apprentice  or  servant,  such  forfeiture  shall  be  paid 
by  his  or  her  master  or  mistress,  or  in  default  thereof,  such 
apprentice  or  servant  shall  be  committed  to  such  penitentiary  in 
manner  aforesaid. 

Id, :  detaining  offender  until  name  ascertained. 

Sec.  1463.  It  shall  and  may  be  lawful  to  and  for  any  sheriff, 
deputy  sheriff,  marshal,  or  member  of  the  police  force,  who 
shall  see  any  person  commit  any  of  the  mischiefs  or  trespasses 
aforesaid,  if  such  person  or  persons  shall  be  unknown  to  such 
sheriff,  deputy  sheriff,  marshal,  or  member  of  the  police  force, 
to  seize,  secure,  and  detain  such  offender  so  unknown  to  him  as 
aforesaid,  until  he  can  discover  the  name  of  such  offender,  or 
until  the  next  morning  (if  the  offence  shall  be  committed  in  the 
night-time  and  the  offender  shall  refuse  to  discover  his  or  her 
name)  when  such  offender  shall  be  brought  before  the  Recorder 
or  one  of  the  police  justices  or  city  magistrates,  who  on  conviction 
of  such  offender  shall  proceed  against  him  or  her  in  the  manner 
hereinbefore  directed ;  and  further,  in  case  any  person  shall  com- 
mit any  or  either  of  the  offences  aforesaid  in  the  presence  of  such 
sheriff,  deputy  sheriff,  marshal,  or  member  of  the  police  force,  then 
every  such  sheriff,  deputy  sheriff,  marshal,  or  member  of  the 
police  force  shall  forthwith  give  information  thereof  to  such 
Recorder  or  either  of  the  police  justices  or  city  magistrates,  in 
order  that  such  offender  may  be  convicted  thereof  and  punished. 

690 


Id.:  preceding  sections  no  bar  to  suit  by  person  injured. 

Sec.  1464.  Neither  the  two  preceding  sections,  nor  anything 
therein  contained,  shall  bar  or  preclude  any  person  or  persons 
from  recovering  his,  her  or  their  damages  against  any  other 
person  or  persons  who  shall  be  guilty  of  any  of  the  mischiefs  or 
trespasses  aforesaid,  but  the  same  may  be  recovered  in  the  same 
manner  as  if  they  had  never  been  passed. 

Id. :  informer  relieved  of  penalty^  etc. 

Sec.  1465.  If  two  or  more  persons  shall  have  been 
jointly  concerned  in  committing  any  of  the  offences  aforesaid, 
and  one  or  more  of  them  (not  being  before  informed  against) 
shall,  within  the  space  of  one  month  after  the  offence  committed, 
inform  against  any  or  all  the  other  or  others  concerned£in  the 
same  offence  so  as  to  convict  him,  her  or  them,  the  person  so 
informing  shall  not  be  liable  to  the  payment  of  the  fine  herein- 
before mentioned. 

Definition  of  "  street."" 

Sec.  1466.  Whenever  the  word  ''street"  or  the  plural  there- 
of occurs  in  this  Chapter,  it  shall  be  deemed  to  include,  unless 
otherwise  expressly  stated,  all  that  is  included  by  the  terms 
''street,  avenue,  road,  alley,  lane,  highway,  boulevard,  con- 
course, public  square  and  public  place,"  or  the  plurals  thereof 
respectively. 


Title  2. 
amusements. 

Public  exhibitions  to  be  licensed. 

Sec.  1472.  It  shall  not  be  lawful  to  exhibit  to  the  public  in 
any  building,  garden  or  grounds,  concert  room  or  other  place  or 
room  within  The  City  of  New  York,  any  interlude,  tragedy,  com- 

691 


edy,  opera,  ballet,  play,  farce,  minstrelsy  or  dancing,  or  any 
other  entertainment  of  the  stage,  or  any  part  or  parts  therein, 
or  any  equestrian,  circus,  or  dramatic  performance,  or  any  per- 
formance of  jugglers,  or  rope  dancing,  or  acrobats,  until  a  license 
for  the  place  of  such  exhibition  for  such  purpose  shall  have  been 
first  had  and  obtained,  as  hereinafter  provided. 

Police  Department  grants  license.     Fee.       Penalty  for  neglect  to 
obtain  license. 

Sec.  1473.  The  Police  Department  is  hereby  authorized 
and  empowered  to  grant  such  license,  to  continue  in  force 
until  the  first  day  of  May  next  ensuing  the  grant  thereof,  on 
receiving  for  each  license  so  granted,  and  before  the  issuing 
thereof,  the  sum  of  five  hundred  dollars ;  and  every  manager  or 
proprietor  of  any  such  exhibition  or  performance  who  shall 
neglect  to  take  out  such  license,  or  consent,  or  cause,  or  allow 
any  such  exhibition  or  performance,  or  any  single  one  of  them 
without  such  license,  and  every  person  aiding  in  such  exhibition, 
and  every  owner  or  lessee  of  any  building,  part  of  a  building, 
garden,  grounds,  concert  room  or  other  room  or  place,  who  shall 
lease  or  let  the  same  for  the  purpose  of  any  such  exhibition  or 
performance,  or  assent  that  the  same  be  used  for  any  such  pur- 
pose, except  as  permitted  by  such  license,  and  without  such 
license  having  been  previously  obtained  and  then  in  force 
if  the  same  shall  be  used  for  such  purpose,  shall  be  subject 
to  a  penalty  of  $100  for  every  such  exhibition  or  perform- 
ance, which  penalty  shall  be  prosecuted,  sued  for  and  recov- 
ered in  the  name  of  The  City  of  New  York,  and  shall  be  paid 
to  the  chamberlain  of  The  City  of  New  York,  to  be  paid 
into  the  treasury  of  said  City. 

Id. :  Commutation  of  license  fee. 

Sec.  1474.  The  said  Police  Department  is  hereby  author- 
ized to  grant  licenses  for  said  exhibitions  or  performances  for 
any  term  less  than  one  year,  and  in  any  case  where  such  license 
is  for  a  term  of  three  months  or  less,  the  said  Police  Depart- 
ment  is  hereby  authorized  to  commute   for  a  sum    less  than 

692 


$500,  but  in  no  case  less  than  $250  for  a  theater,  or  $150  for  a 
circus,  concert   room,  or    other  building   or   place    whatsoever. 

Id.;  Fees  to  be  paid  over  to  Comptroller. 

Sec.  1475.  Upon  granting  every  such  license  authorized  by 
this  title,  the  said  Police  Department  shall  receive  from 
the  person  to  whom  the  same  shall  be  granted  the  amount 
payable  for  said  license,  as  above  provided,  which  amounts  as 
respectively  received  by  it  shall  6e  paid  over  to  the  Comptrol- 
ler of  The  City  of  New  York,  to  be  paid  into  the  treasury  of 
said  city. 

Revocation  of  license. 

Sec.  1476.  Any  license  provided  for  by  the  preceding  sections 
may  be  revoked  and  annulled  by  any  judge  or  justice  of  any 
court  of  record  in  said  city  upon  proof  of  a  violation  of  any  of 
the  provisions  of  this  title ;  such  proof  shall  be  taken  before 
such  judge  or  justice,  upon  notice  of  not  less  than  two  days  to 
show  cause  why  such  license  should  not  be  revoked;  said  judge 
or  justice  shall  hear  the  proofs  and  allegations  in  the  case,  and 
determine  the  same  summarily ;  and  no  appeal  shall  be  taken 
from  such  determination ;  and  any  person  whose  license  shall 
have  been  revoked  or  annulled  shall  not  thereafter  be  entitled 
to  a  license  under  the  provisions  of  said  sections ;  on  any  ex- 
amination before  an  officer,  pursuant  to  a  notice  to  show  cause 
as  aforesaid,  the  accused  party  may  be  a  witness  in  his  own 
behalf. 

Penalty  for  violating  provisions  of  this  title. 

Sec.  1477.  Any  person  violating  any  of  the  provisions  of 
sections  fourteen  hundred  and  seventy-two  and  fourteen  hundred 
and  seventy-three  of  this  Act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  imprison- 
ment in  the  penitentiary  for  a  term  not  less  than  three  months 
nor  more  than  one  year,  or  by  a  fine  not  less  than  $100  nor 
more  than  $500,   or  by  both  such*  fine  and  imprisonment. 

693 


Police,  etc.,  to  arrest  offenders. 

Sec.  1478.  It  shall  be  the  duty  of  every  sheriff,  deputy 
sheriff,  constable,  and  of  every  member  of  the  police  force  to 
enter,  at  any  time,  said  places  of  amusement  and  to  arrest  and 
convey  any  person  or  persons  violating  any  provisions  of  sec- 
tions fourteen  hundred  and  seventy-two  and  fourteen  hun- 
dred and  seventy-three  of  this  Act,  forthwith,  before  any 
City  Magistrate  or  Recorder  having  jurisdiction  in  said  city, 
there  to  be  dealt  with  according  to  law. 

Corporation  Counsel  may  enjoin  exhibitions  without  license. 

Sec.  1479.  In  case  any  person  shall  open  or  advertise  to  open 
any  theatre,  circus  or  building,  garden  or  ground,  concert  room 
or  other  place  for  any  such  exhibition  or  performance  in  said 
city,  referred  to  in  section  fourteen  hundred  and  seventy-two  of 
this  Act  without  first  having  obtained  a  license  therefor,  as  pro- 
vided for  by  section  fourteen  hundred  and  seventy-three  of  this 
Act,  it  shall  and  may  be  lawful  for  the  Corporation  Counsel  of 
The  City  of  New  York  to  apply  to  the  Supreme  Court,  or  any 
justice  thereof,  for  an  injunction  to  restrain  the  opening  thereof 
until  he  shall  have  complied  with  the  requisites  of  said  section 
in  obtaining  such  license  and  also  with  such  order  as  to  costs  as 
such  court  or  justice  may  deem  just  and  proper  to  make ;  which 
injunction  may  be  allowed  upon  a  complaint  to  be  in  the  name 
of  The  City  of  New  York  in  the  same  manner  as  injunctions  are 
now  usually  allowed  by  the  practice  of  said  court.  Any  injunc- 
tion allowed  under  this  section  may  be  served  by  posting  the 
same  upon  the  outer  door  of  the  theatre  or  circus  or  building 
wherein  such  exhibitions  may  be  proposed  to  be  held,  or  if 
the  same  shall  be  in  a  garden  or  grounds,  then  by  posting  the 
same  at,  or  on  or  near  the  entrance  way  to  any  such  place  or 
exhibition ;  and  in  case  of  any  proceeding  against  the  man- 
ager or  proprietor  of  any  such  theatre,  circus,  or  building,  or 
garden  or  grounds,  as  aforesaid,  it  shall  not  be  necessary  to 
prove  the  personal  service  of  the  injunction,  but  the  service 
hereinbefore    provided    shall    be    deemed    and    held    sufficient. 

694 


Preceding  sections  not  applicable  to  certain  performances. 

Sec.  1480.  The  provisions  and  requirements  of  sections 
fourteen  hundred  and  seventy-two  to  fourteen  hundred  and 
seventy-nine  of  this  Act,  inclusive,  shall  not  be  held  to  apply 
to  any  building,  hall,  room  or  rooms,  in  which  only  private 
theatricals,  tableaus  and  other  exhibitions  for  charitable 
and  religious  purposes  are  given,  nor  to  the  manager  or 
managers  of  exhibitions  given  by  amateurs  for  the  benefit  of 
any  church,  mission,  parish  or  Sunday-school,  or  for  any  other 
charitable  or  religious  purpose,  nor  shall  the  same  be  held  to 
apply  to  the  masonic  temple  in  New  York,  or  the  trustees  of 
the  masonic  hall  and  asylum  fund,  so  long  as  the  revenues  of 
said  temple  shall  continue  to  be  applied  to  the  use  of  the 
masonic  hall  and  asylum,  or  other  charitable  purpose,  nor  to  the 
educational  alliance,  or  to  the  directors  or  officers  of  said  society 
as  such  with  respect  to  any  building  which  [shall  in  whole  or  in 
part  be  owned  or  leased  by  said  society,  while  so  owned  or 
leased,  so  long  as  the  revenue  thereof  shall  continue  to  be 
applied  to  the  support  of  said  society  and  to  the  religious, 
charitable,  social,  educational,  or  literary  purposes  of  said  society. 

Exhibitions  on  Sunday  prohibited. 

Sec.  1481.  It  shall  not  be  lawful  to  exhibit,  on  the  first  day 
of  the  week,  commonly  called  Sunday,  to  the  public,  in  any 
building,  garden,  grounds,  concert  room,  or  other  room  or 
place  within  The  City  of  New  York,  any  interlude,  tragedy, 
comedy,  opera,  ballet,  play,  farce,  negro  minstrelsy,  negro  or 
other  dancing,  or  any  other  entertainment  of  the  stage,  or  any 
part  or  parts  therein,  or  any  equestrian,  circus,  or  dramatic 
performance,  or  any  performance  of  jugglers,  acrobats,  or  rope 
dancing.  Any  person  offending  against  the  provisions  of  this 
section,  and  every  person  aiding  in  such  exhibitions  by  adver- 
tisements, or  otherwise,  and  every  owner  or  lessee  of  any 
building,  part  of  a  building,  ground,  garden,  or  concert  room, 
or  other  room  or  place,  who  shall  lease  or  let  out  the  same  for 
the  purpose  of  any  such  exhibition  or  performance,  or  assent 
that  the  same  be  used  for  any  such  purpose,  shall  be  guilty  of  a 
misdemeanor,  and  in  addition  to  punishment  therefor  provided 

695 


by  law,  shall  be  subject  to  a  penalty  of  five  hundred  dollars  which 
penalty  the  Corporation  Counsel  of  said  city  is  hereby  authorized 
in  the  name  of  The  City  of  New  York  to  prosecute,  sue  for  and 
recover ;  in  addition  to  which  every  such  exhibition  or  perform- 
ance shall  of  itself  forfeit,  vacate  and  annul  and  render  void  and  of 
no  effect  any  license  which  shall  have  been  previously  obtained  by 
any  manager,  proprietor,  owner  or  lessee  consenting  to,  causing, 
or  allowing,  or  letting  any  part  of  a  building,  for  the  purpose  of 
any  such  exhibition  or  performance. 

Minors  under  fourteen  unaccompanied  by  adult  not  to  be  admitted 
to  theatres  at  night. 
Sec.  1482.  It  shall  not  be  lawful  for  any  owner,  lessee, 
manager,  agent,  orofficerof  any  theater  in  The  City  of  New  York 
to  admit  to  any  theatrical  exhibition  held  in  the  evening,  any 
minor  under  the  age  of  fourteen  years,  unless  such  minor  is 
accompanied  by,  and  is  in  the  care  of  some  adult  person.  Any 
person  violating  the  provisions  of  this  section  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  liable  to  a  fine  of  not  less  than  $25, 
nor  more  than  $100,  or  imprisonment  for  a  term  not  less  than 
ten  nor  more  than  ninety  days  for  each  offence.  All  moneys 
recovered  under  the  provisions  of  this  section,  for  fines,  shall  be 
paid  over  to  the  comptroller  of  said  city,  to  be  paid  into  the 
treasury  of  said  city. 

Prohibition  of  sale  of  spirituous  liquors  and  employment  of  female 
waiters. 
Sec.  1483.  It  shall  not  be  lawful  to  sell  or  furnish  any  wine,  beer, 
or  strong  or  spirituous  liquors,  to  any  person  in  the  auditorium  or 
lobbies  of  any  place  of  exhibition  or  performance  mentioned  in  sec- 
tion one  thousand  four  hundred  and  seventy-two  of  this  Act,  or  in 
any  apartment  connected  therewith  by  any  door,  window,  or  other 
aperture,  except  that  the  Police  Department  may,  in  its  discretion, 
and  subject  to  such  regulations  and  restrictions  as  it  may  determine, 
permit  the  same  to  be  sold  or  furnished  while  concerts,  consistingof 
vocal  or  instrumental  music  only,  are  being  given  in  a  place  duly 
licensed  by  it  as  hereinbefore  provided.  Such  permission  shall 
only  be  operative  so  long  as  it  shall  be  lawful  under  the  laws  of 

696 


this  state  to  sell  or  furnish  wine,  beer,  or  strong  or  spirituous 
liquors  at  such  place,  and  may  be  revoked  at  any  time  by  the 
Police  Department.  It  shall  not  be  lawful  to  employ  or 
furnish  or  permit  or  assent  to  the  employment  or  attendance 
of  any  female  to  wait  on,  or  attend  in  any  manner,  or  furnish 
refreshments  to  the  audience  or  spectators  or  any  of  them,  at 
any  of  the  exhibitions  or  performances  mentioned  in  said  section, 
or  at  any  other  place  of  public  amusement  in  The  City  of  New 
York. 

The  provisions  of  this  Act  shall  not  be  construed  to  interfere 
with  the  right  of  any  incorporated  or  other  society,  organized  and 
maintained  for  the  cultivation  of  vocal  or  instrumental  music,  to 
exercise  and  practice  the  same  in  good  faith  for  themselves 
only,  and  not  for  the  observation  and  entertainment  of  the 
public ;  nor  shall  the  use  or  occupation  by  any  such  society  for 
the  purposes  aforesaid  of  any  hall  or  room  connected  with  any 
place  wherein  by  the  laws  of  this  state  it  is  lawful  to  sell  wine, 
beer,  or  strong  or  spiritous  liquors  be  construed  to  make  such 
place  a  place  of  public  amusement  within  the  provisions  of 
this  Act, 

Violation  of  preceding  section  annuls  license. 

Sec.  1484.  No  license  shall  be  granted  for  any  exhibition  or 
performance  given  in  violation  of  the  preceding  section,  and 
any  and  every  exhibition  or  performance  at  which  any  of  the  pro- 
visions of  the  said  section  shall  be  violated,  shall  of  itself  vacate 
and  annul  and  render  void  and  of  no  effect  any  license  which 
shall  have  been  previously  obtained  by  any  manager,  proprietor, 
owner  or  lessee  consenting  to,  causing  or  allowing  or  letting  any 
part  of  a  building  for  the  purpose  of  such  exhibition  and  per- 
formance. 

Violation  of  any  provision  of  the  two  preceding  sections  a  misde- 
meanor. 

Sec.  1485.  Any  person  violating  any  of  the  provisions  of 
the  two  preceding  sections,  or  epiploying,  or  assenting  to  the 
employment  or  attendance  of  any  person  contrary  to  the  pro- 

697 


visions  of  said  sections,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  punished  by  imprisonment 
in  the  penitentiary  for  a  term  not  less  than  three  months  nor 
more  than  one  year,  or  by  a  fine  not  less  than  $100J  nor  more 
than  $500,  or  by  both  such  fine  and  imprisonment. 

Police,  etc., to  enter  places  of  amusement  and  arrest  offenders. 

Sec.  1486.  It  shall  be  the  duty  of  the  sheriff,  deputy  sheriff, 
constable  and  of  every  member  of  the  police  force  to  enter  at 
any  time  said  places  of  amusement,  and  to  arrest  and  convey 
any  person  or  persons  violating  any  provision  of  the  three  pre- 
ceding sections,  forthwith,  before  any  city  magistrate  or  recorder 
having  jurisdiction  in  said  city,  there  to  be  dealt  with  according 
to  law. 

Doors  and  exits  to  be  conspicuously  numbered.     Diagrams  to  be 
printed  on  programmes. 

Sec.  1487.  The  owner,  lessee,  manager,  or  other  person  or 
persons,  having  charge  or  control  of  any  theater  shall  cause  each 
and  every  door  and  means  of  exit,  to  be  used  in  case  of  fire  or 
panic,  to  be  conspicuously  numbered,  so  as  to  be  visible  to  the 
audience,  by  whom  the  same  may  be  used,  and  shall  have  or 
cause  to  be  printed  in  conspicuous  type  a  plan  or  diagram,  and 
explanation,  showing  each  of  said  exits  thereon,  and  referring  to 
the  numbers  aforesaid,  and  the  same  shall  be  printed  in  conspic- 
uous type,  as  aforesaid,  on  the  programme  or  bill  of  the  play. 
Any  and  all  persons  who  shall  violate  any  of  the  provisions  of 
this  section,  or  fail  to  comply  therewith,  or  any  requirement 
thereof,  shall  severally,  for  each  and  every  violation  and  non- 
compliance, respectively  forfeit  and  pay  a  penalty  in  the  sum 
of  $50 ;  to  be  sued  for  and  recovered  in  the  same  manner  as 
violations  of  the  building  laws  in  The  City  of  New  York  are  now 
sued  for  and  recovered  pursuant  to  the  provisions  of  this  Act. 


698 


Title  3. 

BIRDS. 

Killing  or  selling  certain  birds  prohibited. 

Sec.  1493.  No  person  shall  kill,  wound,  trap,  net,  snare, 
catch  with  bird  lime,  or  with  any  similar  substance  or  drug,  or 
in  any  other  manner  capture  or  sell,  expose  for  sale,  or  transport 
during  the  months  of  April,  May,  June,  July,  August,  Septem- 
ber or  October,  in  any  year  any  bird  of  song,  or  any  linnet,  blue- 
bird, yellow-hammer,  yellow-bird,  thrush,  woodpecker,  cat-bird, 
pewee,  swallow,  martin,  blue-jay,  oriole,  kildee,  snow-bird, 
grass-bird,  grosbeak,  phoebe-bird,  humming-bird,  blackbird, 
wren,  excepting  birds  bred  in  a  cage  or  imported  from  Europe 
or  the  southern  United  States.  No  person  shall  kill  or  expose 
for  sale,  or  have  in  his  possession  after  the  same  has  been  killed^ 
any  robin,  meadow-lark  or  starling,  between  the  first  day  of 
January  and  the  fifteenth  day  of  October,  save  only  when  such 
birds  are  killed  on  the  premises  of  the  persons  killing,  and  while 
they  are  destroying  fruit.  This  section  shall  not  apply  to  any 
person  who  shall  kill  any  bird  for  the  purpose  of  studying  its 
habits  or  history,  or  having  the  same  stuffed  and  set  up  as  a 
specimen.  Any  person  violating  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  imprisonment  in  the 
county  jail  or  penitentiary,  of  not  less  than  five  or  more  than 
thirty  days,  and  shall  also  be  liable  to  a  penalty  of  fifty  dollars, 
to  be  recovered  with  costs,  by  any  person  suing  therefor  in  his 
own  name.  In  all  actions  for  the  recovery  of  penalties  under, 
this  section,  one-half  of  the  recovery  shall  belong  to  the  plaintiff, 
and  the  remainder  shall  be  paid  to  the  chamberlain. 


699 


Title  4. 

commercial  paper  during  epidemic. 

Persons,  etc. ,  iji  infected  district  may  have  names,   etc. ,  registered 
by  City  Clerk. 

Sec.  1499.  Whenever  the  Board  of  Health  shall,  by  public 
notice,  designate  any  portion  or  district  of  The  City  of  New  York 
as  being  the  seat  of  any  infectious  or  contagious  disease,  and 
declare  communication  with  such  portion  or  district  dangerous,  or 
shall  prohibit  such  communication,  it  shall  be  the  duty  of  the 
City  Clerk  during  the  continuance  of  such  disease  in  such  district, 
to  provide  and  keep  in  his  office  a  book  for  the  purpose  of  reg- 
istering, in  alphabetical  order,  the  names,  firms,  and  places  of 
business  of  any  inhabitant  of  the  city  who  shall  desire  such 
registry  to  be  made. 

Id.:  must  register  place  at  which  commercial  paper  to  be  presented. 

Sec.  1500.  It  shall  be  the  duty  of  all  persons  and  firms 
usually  resident  or  doing  business  within  such  infected  district 
to  register,  in  the  book  so  provided  by  the  said  City  Clerk,  their 
names  or  firms,  with  the  place  or  places  out  of  such  infected 
district,  but  within  The  City  of  New  York  to  which  they  may 
have  removed  the  transaction  of  their  business,  or  to  which  they 
may  desire  any  notices  to  be  sent  or  served,  or  any  notes,  drafts, 
or  bills  to  be  presented  for  acceptance  or  for  payment.  The 
sum  of  twenty-five  cents  may  be  claimed  and  received  by  the 
said  clerk  for  every  such  registry;  but  the  book  in  which  the 
same  shall  be  entered  shall  be,  at  all  times  during  office  hours, 
open    to    public  examination,  free  of   all  charges. 

Commercial  paper  may  he  presented  at  place  designated. 

Sec.  1501.  During  the  continuance  of  any  such  disease  in 
such  infected  district,  all  drafts,  notes,  and  bills,  which  by  law 
are  required  to  be  presented  for  acceptanee  or  for  payment, 
may  be  presented  for  such  purpose  at  the  place  so  desig- 
nated   in    such    registry,    and    all    notices    of    non-acceptance 

700 


and  non-payment  of  any  note,  draft  or  bill,  or  of  protest,  for 
such  non-acceptance  or  non-payment,  may  be  served  by  leaving 
the  same  at  the  place  so  designated. 

On  failure  to  register  ^  commercial  paper  may  be  presented  to  City 
Clerk, 

Sec.  1502.  In  case  any  person  or  firm  usually  resident  or 
doing  business  within  such  infected  district  shall  neglect  to  make 
and  cause  to  be  entered  in  the  book  so  provided,  the  registry 
herein  required,  all  notes,  drafts,  or  bills  which  by  law  are  re- 
quired to  be  presented  to  such  person  or  firm  for  acceptance  or 
for  payment,  may  be  presented  to  the  said  City  Clerk  during 
the  continuance  of  such  disease,  at  any  time  during  office  hours, 
and  demand  of  acceptance  or  payment  thereof  may  be  made 
of  the  said  clerk,  to  the  same  purpose  and  with  the  same  effect 
as  if  the  same  had  been  presented,  and  acceptance  or  payment 
demanded  of  such  person  or  firm  at  their  usual  place  of  doing 
business. 

On  failure  to  register,  notice  of  protest,  etc. ,  may  be  served  by  leav- 
ing at  post  office. 

Sec.  1503.  In  case  of  the  omission  to  make  the  registry 
herein  required,  all  notices  of  the  non-acceptance  or  non- 
payment of  any  note,  draft,  or  bill,  or  of  protest  for  such  non- 
acceptance  or  non-payment,  may  be  served  on  any  person  or 
firm  usually  resident  or  doing  business  within  such  infected 
district,  by  leaving  the  same  at  one  of  the  post-offices  for  the 
said  city,  which  service  shall  be  as  valid  and  effectual  as  if  the 
notices  had  been  served  personally  on  such  person  or  one  of 
such  firm  at  his  or  their  usual  place  of  doing  business. 

When  epidemic  deemed  to  have  subsided. 

Sec.  1504.  Whenever  proclamation  shall  be  made  by  the 
Board  of  Health  or  other  proper  authority  of  the  city,  that  an 
infectious  or  contagious  disease  in  any  such  infected  district  has 
subsided,  it  shall  be  deemed  to  have  subsided,  for  all  purposes 
contemplated  in  this  title. 


701 


Title  5. 
pharmacists  and  druggists. 

Registered  pharmacists  only  to  conduct  pharmcay,  except,  etc. 

Sec.  1610.  It  shall  be  unlawful  for  any  person  unless  a  regis- 
tered pharmacist  within  the  meaning  of  this  title  to  open  or 
conduct  any  pharmacy  or  store  for  retailing,  dispensing  or 
compounding  medicines  or  poisons  in  The  City  of  New  York 
as  constituted  by  this  Act,  except  as  hereinafter  provided ; 
provided  that  the  widow  or  legal  representative  of  a  deceased 
person  who  was  a  registered  pharmacist  within  the  meaning 
of  this  title  may  continue  the  business  of  such  deceased  phar- 
macist, provided  that  the  actual  retailing,  dispensing  or  com- 
pounding of  medicines  or  poisons  be  only  by  a  person  who  is 
a  registered  pharmacist  within  the  meaning  of  this  title. 

Id.:  qualifications  of  registered  pharmacists. 

Sec.  1511.  Any  person,  in  order  to  be  registered,  shall  be 
either  a  graduate  in  pharmacy  or  a  licentiate  in  pharmacy  or 
a  graduate  having  a  diploma  from  some  legally  constituted 
medical  college  or  society.  But  a  license  as  a  pharmacist 
granted  any  person  after  the  examination  by  any  Board  of 
Pharmacy  legally  created  under  the  laws  of  this  State  shall 
entitle  such  person  to  a  license  or  certificate  of  registration 
from  the  Board  of  Pharmacy  created  by  this  title,  upon  pre- 
senting to  said  Board  his  license  and  complying  with  the 
formal  requirements  of  the  laws.  Any  person  who,  at  the  time 
this  Act  takes  effect,  shall  be  entitled  by  law  to  open  or  con- 
duct any  pharmacy  or  store  for  retailing,  dispensing  or  com- 
pounding medicines  or  poisons  in  any  part  of  the  territory 
included  in  The  City  of  New  York,  as  constituted  by  this  Act, 
shall  be  entitled  hereafter  to  open  or  conduct  any  such  phar- 
macy or  store  in  said  City  and  to  be  registered  by  the  Board 
of  Pharmacy  created  by  this  title. 

Graduates  and  licentiates  defined. 

Sec.  1512.  Graduates  of  Pharmacy  within  the  meaning  of 
this  title  shall  be  those  persons  who  have  had  at  least  four 

702 


years  experience  in  stores  where  prescriptions  of  medical 
practitioners  have  been  compounded,  and  who  have  obtained 
a  diploma  from  any  College  of  Pharmacy  within  the  United 
States,  or  from  some  authorized  foreign  institution  or  examin- 
ing board  ;  And  licentiates  in  Pharmacy  shall  be  those  persons 
who  have  had  at  least  four  years  experience  in  stores  where 
prescriptions  of  medical  practitioners  are  compounded,  and 
who  shall  have  passed  an  examination  either  before  the  Board 
for  the  examination  of  and  licensing  druggists  and  prescrip- 
tion clerks  in  the  City  of  New  York,  as  heretofore  existing, 
estabhshed  by  an  Act  passed  March  twenty-eighth,  one 
thousand  eight  hundred  and  seventy-one,  or  before  the  Board 
of  Pharmacy  in  the  City  of  New  York,  as  heretofore  existing, 
or  before  the  Board  of  Pharmacy  of  the  County  of  Kings 
or  before  the  Board  of  Pharmacy  created  by  this  title,  for  The 
City  of  New  York  as  constituted  by  this  Act,  or  such  foreign 
Pharmacists  as  shall  present  satisfactory  credentials  or  certi- 
ficates of  their  competency  and  qualifications  to  the  said  last 
mentioned  Board  of  Pharmacy.  Junior  assistants  or  apprentices 
in  Pharmacy  shall  not  be  permitted  to  prepare  physicians'  pre- 
scriptions until  they  have  become  graduates  or  licentiates  in 
Pharmacy. 

Board  of  Pharmacy  :  election,  duties. 

Sec.  1513.  The  members  of  the  College  of  Pharmacy  of  the 
City  of  New  York,  shall,  on  the  first  Monday  of  January,  one 
thousand  eight  hundred  and  ninety-eight,  and  on  the  same  day 
every  third  year  thereafter,  at  a  special  meeting  held  for  that 
purpose,  elect  five  competent  pharmacists,  three  of  whom  shall 
be  graduates  of  some  legally  constituted  medical^coUege,  and 
the  remaining  two  graduates  of  some  legally  constituted  col- 
lege of  pharmacy  of  The  City  of  New  York,  as  constituted  by 
this  Act,  and  who  shall  form  and  be  known  as  the  Board  of 
Pharmacy.  The  members  of  this  Board  shall,  within  thirty 
days  after  their  election  as  aforesaid,  individually  take  and 
subscribe  before  the  Clerk  of  The  City  of  New  York,  an  oath 
faithfully  and  impartially  to  discharge  the  duties  prescribed 
for  them  by  this  title.  They  shall  hold  office  for  the  term  of 
three  years  and  until  their  successors  are  duly  elected  and  have 

703 


qualified ;  and  in  case  of  any  vacancy,  the  trustees  of  the  Col- 
lege of  Pharoflacy  shall  fill  the  same  from  two  or  more  nominees 
elected  at  a  special  meeting  of  the  College  of  Pharmacy.  The 
said  Board  shall  organize  for  the  transaction  of  business 
by  electing  from  their  own  number,  for  the  whole  term,  a 
president  and  secretary.  The  Board  shall  meet  at  least  once 
every  three  months  and  three  members  shall  constitute  a 
quorum.  The  duties  of  the  said  Board  shall  be  to  transact  all 
business  pertaining  to  the  legal  regulation  of  the  practice  of 
pharmacy  in  The  City  of  New  York,  and  to  examine  and  reg- 
ister pharmacists.  Any  pharmacist  applying  for  examination 
shall  pay  to  the  secretary  a  fee  of  five  dollars,  and  should  he 
pass  such  examination  satisfactorily  he  shall  be  furnished  with 
a  certificate  as  to  his  competency  and  qualification,  signed  by 
the  said  Board  of  Pharmacy. 

Books  for  registration  of  pharmacists,  etc. 

Sec.  1514:.  It  shall  be  the  duty  of  the  secretary  to  keep  a  book 
of  registration  at  some  convenient  place,  of  which  due  notice 
shall  be  given  through  the  public  press,  in  which  book  shall  be 
entered,  under  the  supervision  of  the  said  Board,  the  names 
and  places  of  business  of  all  persons  coming  under  the  provi- 
sions of  this  title.  It  shall  be  the  duty  of  all  such  persons  to 
appear  before  the  said  Board  of  Pharmacy,  and  the  fee  for  the 
registration  of  pharmacists  shall  not  exceed  two  dollars,  and 
for  assistants  shall  not  exceed  one  dollar.  The  secretary  shall 
give  receipts  for  all  moneys  received  by  him,  and  pay  over  the 
same  to  the  treasurer  of  the  College  of  Pharmacy  aforesaid, 
taking  his  receipt  therefor,  which  moneys  shall  be  used  for  the 
purpose  of  defraying  the  expenses  of  the  Board  of  Pharmacy, 
and  any  surplus  shall  be  for  the  benefit  of  the  College  of 
Pharmacy.  The  salary  of  the  secretary  shall  be  fixed  by  the 
Board,  and  shall  be  paid  out  of  the  registration  fees. 

Pharmacists  responsible  for  quality  of  drugs,   etc.,   sold,  patent 
medicines,  adulteration,  etc. 

Sec.  1515.  Every  registered  pharmacist  shall  be  held  re- 
sponsible for  the  quality  of  all  drugs,  chemicals,  and  medicines 
he  may  sell  or  dispense,  with  the  exception  of  those  sold  in  the 

704 


original  packages  of  the  manufacturer,  and  also  those  known 
as  "  patent  medicines,"  and  should  he  knowingly,  intentionally, 
and  fraudulently  adulterate,  or  cause  to  be  adulterated,  such 
drugs,  chemicals,  or  medical  preparations,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  lia- 
ble to  a  penalty  not  exceeding  one  hundred  dollars,  and  in  ad- 
dition thereto,  his  name  shall  be  stricken  from  the  register. 

Poisons  ;  retailing  of. 

Sec.  1516.     It  shall  be  unlawful  for  any  person  to  retail  any 
poisons  enumerated  in  schedules  A  and  B,  as  follows,  to  wit : 


Schedule  A. 

Arsenic  and  its  preparations,  corrosive  sublimate,  white  pre- 
cipitate, red  precipitate,  biniodide  of  mercury,  cyanide  of 
potassium,  hydrocyanic  acid,  strychnia,  and  all  other  poison- 
ous vegetable  alkaloids  and  their  salts,  essential  oil  of  bitter 
almonds,  opium  and  its  preparations,  except  paregoric  and 
other  preparations  of  opium  containing  less  than  two  grains 
to  the  ounce. 

Schedule  B. 

Aconite,  belladonna,  colchicum,  conium,  nux  vomica,  hen- 
bane, savin,  ergot,  cottonroot,  cantharides,  creosote,  digitalis, 
and  their  pharmaceutical  preparations,  croton  oil,  chloroform, 
chloral  hydrate,  sulphate  of  zinc,  mineral  acids,  carbolic  acid 
and  oxalic  acid,  without  distinctly  labeling  the  bottle,  box, 
vessel,  or  paper  in  which  the  said  poison  is  contained,  and  also 
the  outside  wrapper  or  cover  with  the  name  of  the  article,  the 
word  "  Poison,"  and  the  name  and  place  of  the  seller ;  nor  shall 
it  be  lawful  for  any  person  to  sell  or  deliver  any  poisons  enu- 
merated in  schedules  A  and  B,  unless  upon  due  inquiry  it  be 
found  that  the  purchaser  is  aware  of  its  poisonous  character, 
and  represents  that  it  is  to  be  used  for  a  legitimate  purpose. 
Nor  shall  it  be  lawful  for  any  registered  pharmacist  to  sell  any 
poisons  included  in  schedule  A,  without,  before  delivering  the 
same  to  the  purchaser,  causing  an  entry  to  be  made  in  a  book 

705 


kept  for  that  purpose,  stating  the  date  of  sale,  the  name  and 
address  of  the  purchaser,  the  name  and  quality  of  the  poison 
sold,  the  purpose  for  which  it  is  represented  by  the  purchaser 
to  be  required,  and  the  name  of  the  dispenser  ;  such  book  to 
be  always  open  for  inspection  by  the  proper  authorities,  and 
to  be  preserved  for  reference  for  at  least  five  years.  The  pro- 
visions of  this  section  shall  not  apply  to  the  dispensing  of 
poisons,  in  not  unusual  quantities  or  doses,  upon  the  prescrip- 
tions of  practitioners  of  medicine. 

Applicatio7i   of  preceding  sections  to  practitioners  of  medicine  and 
tvholesale  dealers. 

Sec.  1517.  Nothing  contained  in  the  foregoing  sections  of 
this  title  shall  apply  to  or  interfere  with  the  business  of  any 
practitioner  of  medicine  who  does  not  keep  open  shop  for  the 
retailing  of  medicines  and  poisons,  nor  with  the  business  of 
wholesale  dealers,  but  the  preceding  section,  and  the  penalties 
for  its  violation,  shall  apply  to  such  persons. 

Fraudiilent  registration,  permitting  unlicensed  person  to  compound 
medicines. 

Sec.  1518.  Any  person  who  shall  attempt  to  procure  regis- 
tration for  himself,  or  for  any  other  person,  under  this  title, 
by  making  or  causing  to  be  made  any  false  representation, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction thereof,  be  liable  to  a  penalty  not  exceeding  five  hun- 
dred dollars.  Any  registered  pharmacist  who  shall  permit  the 
compounding  and  dispensing  of  prescriptions  of  medical  prac- 
titioners in  his  store  or  place  of  business,  by  any  person  or 
persons  not  registered,  or  any  person  not  registered  who  shall 
keep  open  shop  for  the  retailing  or  dispensing  of  medicines 
and  poisons,  or  who  shall  fraudulently  represent  himself  to  be 
registered,  or  any  registered  pharmacist  or  dealer  in  medicines 
who  shall  fail  to  comply  with  the  regulations  and  provisions 
of  this  title,  in  relation  to  the  retailing  and  dispensing  of 
poisons,  shall,  for  every  such  offense,  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  be  liable  to  a 
penalty  of  fifty  dollars. 

T06 


Penalties  to  be  paid  to  College  of  Pharmacy. 

Sec.  1619.  Each  and  every  penalty  recovered  under  this  title 
shall  be  paid  to  the  trustees  of  the  College  of  Pharmacy,  and 
shall  form  and  be  known  as  the  library  fund  of  said  College  of 
Pharmacy,  and  shall  be  expended  for  the  purchase  of  books 
for  the  library  of  said  college. 

Boards  of  pharmacy  abolished. 

Sec.  1520.  The  Board  of  Pharmacy  of  the  County  of  Kings 
and  the  Board  of  Pharmacy  in  the  City  of  New  York  as 
heretofore  existing,  are  both  hereby  abolished. 


Title  6. 

a  board  of  city  record. 

City  Record,  Board  of;  publication  and  contents;  newspapers  to  be 
designated  in  which  corporate  notices  to  be  advertised. 

Sec.  1526.  There  shall  be  published  daily  (Sundays  and  legal 
holidays  excepted),  under  a  contract  to  be  made  as  hereinafter 
provided,  a  paper  to  be  known  as  the  City  Record.  And 
said  City  Record,  and  the  newspapers  now  by  law  designated 
as  corporation  newspapers  in  the  present  City  of  Brooklyn, 
shall  be  the  only  papers  to  be  included  within  the  term  corpora- 
tion newspapers  as  the  same  is  used  anywhere  in  this  Act.  The 
Mayor,  Corporation  Counsel  and  Comptroller  shall  constitute 
the  Board  of  City  Record.  Said  Board  by  a  majority  vote 
shall  appoint  a  proper  person,  together  with  such  assistants  as 
may  be  required,  to  supervise  the  preparation  and  publication 
of  the  same,  and  they  shall  also  fix  the  rates  of  compensation 
of  said  supervisor  and  his  assistants.  All  the  expenses  con- 
nected with  its  publication  and  distribution,  except  the  salary 
of  the  person  appointed  to  supervise  the  same,  and  the  salaries 
of  his  assistants,  shall  be  covered  by  a  contract  for  printing,  to 
be  made  in  the  same  manner  as  other  contracts.  The  Board 
of  Estimate  and  Apportionment  shall  provide  for  all  the  neces- 
sary expenses   of   conducting   the   said  City  Record.      There 

707 


shall  be  inserted  in  said  City  Record  nothing  aside  from  such 
official  matters  as  are  expressly  authorized.  The  contract  for 
the  publication  of  the  City  Record  shall  provide  for  furnishing, 
free  of  charge,  to  The  City  of  New  York,  not  more  than  two 
thousand  copies  thereof,  also  for  a  gratuitous  distribution  to 
every  newspaper  regularly  printed  in  The  City  of  New  York, 
when  it  shall  apply  for  the  same,  of  two  copies  and  to  every 
public  library  or  public  institution  in  said  city  which  shall 
apply  for  the  same,  of  one  copy.  Copies  of  the  same  shall  be 
sold  by  the  supervisor  at  a  price  to  be  fixed  by  the  officers  mak- 
ing the  contract,  and  the  proceeds  thereof  shall  be  paid  over  to 
the  city.  All  advertising  required  to  be  done  for  the  City, 
except  as  in  this  Act,  otherwise  specially  provided,  and 
all  notices  required  by  law  or  ordinance  to  be  published  in 
corporation  papers,  shall  be  inserted,  at  the  public  expense, 
only  in  the  City  Record,  and  a  publication  therein  shall  be  a 
sufficient  compliance  with  any  law  or  ordinance  requiring  pub- 
lication of  such  matters  or  notices ;  but  there  may  be  inserted 
in  two  morning  and  two  evening  and  two  weekly  papers  pub- 
lished in  the  English  language  and  in  one  newspaper  published 
in  the  German  language,  all  in  said  city,  to  be  designated,  at 
any  time,  by  said  Board  of  City  Record,  brief  advertisements 
calling  attention  to  any  contracts  intended  to  be  awarded 
or  bonds  to  be  sold  and  referring  for  full  information  to 
said  City  Record  ;  said  designation  of  such  newspapers  to  con- 
tinue in  effect  until  another  or  different  designation  shall  be 
made  by  said  Board.  Where  such  notices  and  advertisements 
respect  matters  occurring  within  the  Borough  of  Brooklyn, 
they  shall  also  be  published  in  such  newspapers  as  are  now  by 
law  designated  as  corporation  newspapers  in  the  city  of 
Brooklyn,  the  rates  of  payment  therefor  not  to  exceed  the  com- 
pensation now  paid  to  said  newspapers  for  like  advertise- 
ments in  the  city  of  Brooklyn  or  County  of  Kings.  In  case, 
however,  of  the  sale  of  bonds  or  stocks  of  said  city  or  of  any  real 
estate  belonging  to  the  city,  such  advertisements  may  be  also 
inserted  in  such  other  newspapers  published  in  said  city  as 
said  Board  may  determine  in  the  case  of  each  sale.  But  nothing 
herein  contained  shall  prevent  the  publication  elsewhere  of 
any  advertisement  required  by  law ;  provided,  however,  that 
no  such  publication  shall  be  made  unless  the  same  is  author- 

708 


ized  by  a  concurrent  vote  of  the  members  of  said  Board.  No 
money  shall  be  paid  from  the  city  treasury,  and  no  action  shall 
be  maintained  or  judgment  obtained  against  The  City  of  New- 
York,  as  constituted  by  this  Act,  for  any  advertising  done  after 
April  thirtieth,  eighteen  hundred  and  seventy-three,  except 
such  as  is  herein  authorized  or  such  as  at  the  time  this  Act 
takes  effect  is  a  lawful  charge  against  a  municipal  or  public  cor- 
poration,or  partthereof.hereby  consolidated  with  the  Mayor,  Al- 
dermen and  Commonalty  of  the  City  of  New  York.  The  copies 
of  the  City  Record  furnished  to  the  city  shall  be  distributed  to  the 
several  departments  and  officers,  and  to  such  persons  and  in  such 
manner  as  the  Board  of  City  Record  shall  direct.  The  Comp- 
troller shall  cause  a  continuous  series  of  the  City  Record  to  be 
bound,  as  completed  quarterly,  and  to  be  deposited  with  his 
certificate  thereon,  in  the  office  of  the  register  of  deeds  of  the 
county  of  New  York,  in  the  county  clerk's  office  of  said  county 
and  in  the  office  of  the  city  clerk,  and  copies  of  the  contents  of 
any  part  of  the  same,  certified  by  such  register,  county  clerk,  or 
city  clerk,  shall  be  received  in  judicial  proceedings  as  prima 
facie  evidence  of  the  truth  of  the  contents  thereof. 


t:^<W^ 


/w.  itJyor  of  City  Record  to  arrange  lists  of  registered  voters. 

Sec.  1527.  It  shall  be  the  duty  of  the  supervisor  of  the  City 
Record  to  cause  the  lists  of  registered  voters,  made  and  de- 
livered by  the  chairman  of  the  boards  of  inspectors  of  election 
to  the  captains  of  police,  and  by  them  delivered  to  him,  to  be 
arranged  by  assembly  districts  and  by  election  districts  of 
assembly  districts,  commencing  with  the  first,  and  in  such  man- 
ner that  the  names  of  all  registered  voters  residing  at  any 
given  number  of  any  street  shall  appear  together,  and  those  of 
each  street  in  each  election  district  shall  appear  arranged  by 
house  numbers,  in  consecutive  order,  each  street  separately. 
And  as  soon  as  the  entire  registry  of  voters  shall  be  com- 
pleted, and  the  copies  thereof  made  and  delivered,  the  said 
supervisor  shall  forthwith  cause  the  same  to  be  printed  and 
published  in  the  City  Record,  and  in  the  form  and  manner 
herein  prescribed  ;  and  such  publication  shall  be  made  within 
one  hundred  and  eight  hours  after  the  close  of  each  annual  reg- 

709 


istration.  The  registry  of  each  assembly  district  shall  be  printed 
separately  as  a  supplement  to  the  City  Record,  and  each  supple- 
ment containing  the  registry  of  one  assembly  district  shall  be 
sold  separately  to  persons  wishing  to  purchase  the  same  at  not 
less  than  five  cents  per  copy.  All  money  received  therefor 
shall  be  paid  into  the  city  treasury  to  the  credit  of  the  general 
fund. 

Printing  mid  stationery  to  he  supplied  by  cojitract.     City  Record  to 
print  certain  matters. 

Sec.  1528.  All  printing  for  said  city,  including  the  printing 
of  the  City  Record,  shall  be  executed  and  all  stationery 
shall  be  supplied,  under  contracts,  to  be  entered  into  by  the 
said  Board  of  City  Record.  All  proposals  for  printing  and 
stationery  shall  be  based  upon  specifications  to  be  filed  in 
the  Comptrollers  Office,  which  shall  set  forth  with  accuracy 
the  number  of  every  description  of  printed  blanks ;  also 
each  description  of  stationery  or  blank  books  in  ordinary 
use  in  the  Municipal  Assembly  and  the  respective 
departments,  and  likely  to  be  required  during  the  year  for 
which  such  contract  is  to  be  given ;  and  the  bids  shall  be  given 
for  such  number  of  each  printed  description  of  blanks,  or  of 
each  article  of  stationery  (including  under  the  head  of  station- 
ery, letter  or  writing  paper,  or  envelopes,  with  printed  head- 
ings or  endorsements)  as  are  specified,  and  for  such  additional 
number  as  may  be  required,  giving  the  price  for  blanks  of 
every  description,  and  the  price  of  all  other  printing  "per 
thousand  ems,"  or  for  "  rule  and  figure  work  ;  "  separate  con- 
tracts shall  be  made  with  the  lowest  bidder  for  any  one  de- 
scription of  printing,  or  any  article  of  stationery  involving  an 
expense  of  more  than  five  hundred  dollars.  Ten  per  cent,  of 
the  amount  becoming  due,  from  time  to  time,  shall  be  with- 
held by  the  Comptroller  until  the  completion  of  the  contract ; 
and  in  case  the  contractor  shall  fail  to  fulfill  the  same  to  the 
satisfaction  of  said  Board  of  City  Record,  then  said  Board  may 
declare  said  contract  to  be  annulled,  and  said  Board  shall 
immediately  give  notice  for  other  bids  for  such  printing  dur- 
ing the  remainder  of  the  term  of  contract.  No  judgment  shall 
be  recovered  against  The  City  of  New  York  as  constituted  by 

710 


this  Act,  for  printing-  or  stationery  done  or  furnished  after 
April  thirtieth,  eighteen  hundred  and  seventy-three,  osten- 
sibly for  the  City  of  New  York  as  heretofore  known  and 
bounded,  unless  done  or  furnished  under  a  contract  where, 
under  the  provisions  of  chapter  three  hundred  and  thirty-five 
of  the  laws  of  eighteen  hundred  and  seventy-three,  or  of  the 
laws  in  force  at  the  time  this  Act  takes  effect  or  of  this.  Act,  a 
contract  was  or  is  necessary,  or  under  a  valid  contract,  or  un- 
less upon  evidence  of  a  contract  made  as  provided  in  this  sec- 
tion. Separate  contracts  may  be  made  at  any  time  for  engrav- 
ing, lithographing,  wood-cuts,  maps,  or  other  picture  work,  as 
the  same  may  be  required  ;  but  nothing  herein  contained  shall  be 
construed  to  require  a  separate  contract  for  each  engraving, 
lithograph, or  wood-cut, or  map,  unless  the  Board  of  City  Record 
shall  deem  the  same  advisable  for  the  interest  of  the  city.  No 
more  than  two  thousand  copies  of  any  message  of  the  mayor, 
or  report  of  any  head  of  a  department,  and  no  more  than  one 
thousand  copies  of  any  report  of  a  committee  of  either  branch 
of  the  Municipal  Assembly  shall  be  printed  apart  from  the 
City  Record. 

There  shall  be  published  in  the  City  Record,  within  the 
month  of  January  in  each  year,  a  list  of  all  subordinates  em- 
ployed in  any  department  (except  laborers),  with  their  salaries 
and  residences  by  street  numbers,  and  all  changes  in  such  sub- 
ordinates or  salaries  shall  be  so  published  within  one  week 
after  they  are  made.  It  shall  be  the  duty  of  all  heads  of  de- 
partments to  furnish  to  the  person  appointed  to  supervise  the 
publication  of  the  City  Record,  every  thing  required  to  be 
inserted  therein.  The  said  person  shall  have  the  power  to 
make  requisitions  in  writing  upon  the  heads  of  departments  to 
furnish  the  information  necessary  to  make  up  such  list  accord- 
ing to  rules  prescribed  by  him  and  approved  by  the  Board  of 
City  Record ;  and  such  information  must  be  supplied  by  the 
department  within  ten  days  after  such  requisition.  He  shall 
have  power  to  require  such  information  in  the  same  manner, 
every  three  months,  and  all  other  information  in  the  control  of 
said  heads  of  departments,  necessary  to  perform  his  duties  un- 
der this  section.  He  shall  include  in  his  list  the  number  of 
laborers,  designating  the  department  in  which  they  are  em- 
ployed, and,  if  practicable,  the  numbers  employed  in  the  pros- 

711 


ecution  of  specific  work,  and  the  amounts  paid  to  them,  He 
shall  also  cause  to  be  printed  in  each  issue  of  said  City  Record  a 
separate  statement  of  the  hours  during-  which  all  public  offices  in 
the  city  are  open  for  business,  and  at  which  each  court  regu- 
larly opens  and  adjourns,  as  well  as  of  the  places  where  such 
offices  are  kept  and  such  courts  are  held.  The  detailed  can- 
vass of  votes,  at  every  election,  shall  be  published  in  the  City 
Record.  A  list  of  the  registered  plumbers  shall  be  published 
in  the  City  Record  at  least  once  in  each  year.  The  Mayor 
may  order  the  insertion  of  any  official  matter  or  report  in  the 
City  Record.  Nothing  herein  contained  shall  apply  to  the 
printing  or  supplies  of  stationery  for  The  City  of  New  York  as 
constituted  by  this  Act,  where,  by  the  concurrent  vote  of  the 
Mayor,  Counsel  to  the  Corporation,  and  Comptroller  it  shall 
be  decided  to  have  such  printing  done  or  such  stationery  fur- 
nished without  contract  let  after  advertisements  for  bids  or 
proposals,  but  in  such  cases  such  printing  shall  be  done  and 
such  stationery  procured  in  the  manner  and  on  such  terms 
and  conditions  as  the  said  officers  shall  deem  to  be  for  the 
best  interests  of  the  city. 


712 


Title  7. 


GENERAL   PROVISIONS. 


Officers.     Not  to  be  privately  interested  in  contracts. 

Sec.  1533.  No  member  of  the  Municipal  Assembly,  head  of 
department,  chief  of  bureau,  deputy  thereof  or  clerk  therein,  or 
other  ofificer  of  the  corporation,  shall  be  or  become,  directly  or 
indirectly,  interested  in  or  in  the  performance  of  any  contract, 
work,  or  business,  or  the  sale  of  any  article,  the  expense,  price, 
or  consideration  of  which  is  payable  from  the  city  treasury,  or 
by  any  assessment  levied  by  any  act  or  ordinance  of  the  Municipal 
Assembly ;  nor  in  the  purchase  or  lease  of  any  real  estate  or  other 
property  belonging  to  or  taken  by  the  corporation,  or  which 
shall  be  sold  for  taxes  or  assessments,  or  by  virture  of  legal  pro- 
cess at  the  suit  of  the  said  corporation.  If  any  person  in  this 
section  mentioned  shall,  during  the  time  for  which  he  was  elec- 
ted or  appointed,  knowingly  acquire  an  interest  in  any  contract 
or  work  with  the  city,  or  any  department  or  ofificer  thereof,  un- 
less the  same  shall  be  devolved  upon  him  by  law,  he  shall,  on 
conviction  thereof,  forfeit  his  ofifice,  and  be  punished  for  a  mis- 
demeanor. All  such  contracts  in  which  any  such  person  is  or 
becomes  interested  shall,  at  the  option  of  the  comptroller,  be 
forfeited  and  void.  No  person  in  this  section  named  shall  give, 
or  promise  to  give,  any  portion  of  his  compensation,  or  any 
money  or  valuable  thing,  to  any  ofificer  of  the  city,  or  to  any 
other  person,  in  consideration  of  his  having  been  or  being  nomi- 
nated, appointed,  elected,  or  employed  as  such  ofificer,  agent, 
clerk,  or  employee,  under  the  penalty  of  forfeiting  his  ofifice  and 
being  forever  disqualified  from  being  elected,  appointed,  or 
employed  in  the  service  of  the  city,  and  shall,  on  conviction,  be 
punished  for  a  misdemeanor. 

Id.:  may  be  summarily  examined. 

Sec.  1534.  Any  member  of  the  Municipal  Assembly,  com- 
missioner, head  of  department,  chief  of  bureau,  deputy  thereof 
or  clerk  therein,  or  other  ofificer  of  the  corporation  or  person, 
may,  if  a  judge  shall  so  order,  be  summarily  examined  upon  an 

718 


order  to  be  made  on  application  based  on  an  affidavit  of  the 
mayor  or  of  the  comptroller,  or  any  five  members  of  the  Muni- 
cipal Assembly,  or  any  commissioner  of  accounts,  or  of  any  five 
citizens  who  are  tax  payers,  requiring  such  examination,  and 
signed  by  any  justice  of  the  supreme  court  in  the  first  or  second 
judicial  departments  directing  such  examination,  to  be  publicly 
made  at  the  chambers  of  said  court  in  either  of  said  judicial 
departments,  or  at  the  office  of  said  department,  on  a  day  and 
hour  to  be  named,  not  less,  however,  than  forty-eight  hours 
after  personal  service  of  said  order.  Such  examination  shall  be 
confined  to  an  inquiry  into  any  alleged  wrongful  diversion  or 
misapplication  of  any  moneys  or  fund,  or  any  violation  of  the 
provisions  of  law,  or  any  want  of  mechanical  qualifications  of 
any  inspectorship  of  public  work,  or  any  neglect  of  duty  in 
acting  as  such  inspector,  or  any  delinquency  charged  in  said 
affidavit  touching  the  office  or  the  discharge  or  neglect  of  duty, 
of  which  it  is  alleged  in  the  application  for  said  order  that  such 
member  of  the  Municipal  Assembly,  head  of  department,  or 
other  aforementioned  officer  or  persons,  has  knowledge  or 
information.  Such  member  of  the  Municipal  Assembly,  com- 
missioner, head  of  department,  clerk  or  other  aforesaid  officer 
or  person  shall  answer  such  pertinent  questions  relative  thereto, 
and  produce  such  books  and  papers  in  his  custody  or  under  his 
control,  as  the  justice  shall  direct,  and  the  examination  may  be 
continued  from  time  to  time,  as  such  justice  may  order,  but  the 
answer  of  the  party  charged  shall  not  be  used  against  him  in 
any  criminal  proceeding;  provided,  however,  that  for  all  false 
answers  on  material  points  he  shall  be  subject  to  the  pains  and 
penalties  of  the  crime  of  perjury.  The  proceedings  may  be 
continued  before  any  other  justice  in  said  judicial  department, 
and  other  witnesses,  as  well  as  the  parties  making  such  applica- 
tion, may,  in  the  discretion  of  said  justice,  be  compelled  to 
attend  and  be  examined  touching  such  alleged  delinquencies. 
Such  justice  may  punish  any  refusal  to  attend  such  examination 
or  to  answer  any  questions  pursuant  to  his  order,  as  for  a 
contempt  of  court,  and  shall  have  as  full  power  and  authority 
to  enforce  obedience  to  the  order  or  directions  of  himself  or 
any  other  justice,  as  any  justice  of  the  supreme  court  may  now 

714 


have,  or  shall  possess,  to  enforce  obedience  or  to  punish  con-- 
tempt  in  any  case  or  matter  whatever,  and  shall  impose  costs 
upon  those  promoting  such  an  examination,  not  exceeding  two* 
hundred  and  fifty  dollars,  if  he  thinks  there  was  no  probable" 
cause  for  making  the  application  hereinbefore  provided  for,  the 
said  costs  to  be  paid  to  the  officer  or  person  examined,  and  for 
which  the  said  officer  or  person  may  have  judgment  and  aru 
execution,  Th-e  examination  hereinbefore  provided  for  shall  be 
reduced  to  writing,  and  be  filed  in  the  office  of  the  county  clerk 
of  such  county  within  the  first  or  second  judicial  departments 
as  the  judge  making  the  order  for  the  examination  shall  direct 
at  the  time  of  making  such  order,  and  the  examination  so 
reduced  to  writing  and  filed  shall  be  at  all  reasonable  times 
accessible  to  the  public,  and  notice  of  the  same  shall  be  given 
to  the  department  in  which  said  officer  is  employed. 

Barber  shops  may  be  open  on  Sunday. 

Sec.  1535.  The  provisions  of  an  Act  to  regulate  barbering  on 
Sunday,  being  Chapter  823  of  the  Laws  of  1895,  permitting 
barber  shops  or  other  places  where  a  barber  is  engaged  in  shaving, 
hair  cutting  or  other  work  of  a  barber,  to  be  kept  open,  and  the 
work  of  a  barber  to  be  performed  therein  until  one  o'clock  of  the 
afternoon  of  the  first  day  of  the  week  in  the  City  of  New  York, 
as  heretofore  known  and  bounded,  shall  be  applicable  to  and  be 
in  full  force  and  effect  in  all  of  the  territory  of  The  City  of  New 
York,  as  constituted  by  this  Act. 

Retention  of  office  by  clerks  in  public  employ  in  territory  consolidated. 

Sec.  1536.  All  the  clerical  and  other  subordinate  forces,  not 
subject  to  removal  without  cause,  in  the  public  employ  in  any  part 
of  The  City  of  New  York,  as  constituted  by  this  Act,  at  the  time 
when  this  Act  takes  effect,  shall  continue  toehold  their  respective 
positions  without  prejudice  or  advantage,  except  that  nothing 
in  this  section  contained  shall  operate  to  keep  in  the  service  of 
The  City  of  New  York,  as  constituted  by  this  Act,  any  clerk  or 
other  subordinate  whose  position  is  vacated  by  reason  of  the  pas- 
sage of  this  Act,  and  except  that  the  clerks  and  subordinates  of 
departments  that    are    abolished  or  reconstructed   by  this  Act, 

715 


under  the  same  or  under  other  names  shall  continue  in  the  service 
of  the  said  city  under  the  jurisdiction  of  the  appropriate  depart- 
ment subject  nevertheless  to  removal  in  accordance  with  the 
provisions  of  this  Act  for  cause,  or  to  abolish  unnecessary- 
positions. 

The  Mayor  of  the  City  of  New  York,  the  Mayor  of  the  City 
of  Brooklyn,  the  Mayor  of  Long  Island  City,  the  Chairman  of 
the  Board  of  Supervisors  of  the  County  of  Richmond,  and  the 
County  Judge  of  Queen's  County,  shall  meet  in  the  Mayor's 
office  in  the  City  of  New  York  on  the  first  day  of  December, 
1897,  and  as  often  thereafter  during  the  month  of  December  as 
may  be  necessary,  and  prepare  and  adopt  a  detailed  plan  for  the 
transfer  to,  and  the  partition  between,  the  several  public  depart- 
ments, bureaus  and  offices  created  or  provided  for  by  this  Act, 
of  all  the  public  property  appertaining  to  the  administration  of 
said  departments,  bureaus  and  offices  in  the  several  municipal  and 
public  corporations  hereby  consolidated,  and  the  books,  records, 
vouchers  and  other  papers  of  said  municipal  and  public  corpor- 
ations, and  to  this  end  the  said  Mayors  and  Chairman  and 
County  Judge,  or  any  one  duly  authorized  by  them,  shall  have 
full  and  free  access  to  all  the  public  papers,  documents  and  records 
in  each  of  said  municipal  and  public  corporations.  The  said  plan 
shall  also  provide  for  the  apportionment  between  the  several 
public  departments,  bureaus  and  offices,  and  the  assignment  to  ser- 
vice in  said  public  departments,  bureaus  and  offices,  respectively, 
so  far  as  practicable,  of  all  the  subordinates  and  employees  in  every 
branch  of  the  public  service  in  each  of  the  several  municipal  and 
public  corporations  hereby  consolidated,  in  such  manner  that 
each  person  shall  be  assigned,  as  nearly  as  maybe,  without  pre- 
judice or  advantage  to  perform  the  same  service  and  in  the  same 
part  of  the  City,  and  to  hold  the  same  relative  rank  or  position 
in  the  City  constituted  by  this  Act,  as  he  performed  and  held  at 
the  time  said  plan  of  apportionment  and  assignment  is 
determined  upon.  Said  plan  shall  be  such  as  to  receive  the 
approval  of  the  Mayor  of  New  York  as  to  persons  in  the  service 
of  the  City  of  New  York,  of  the  Mayor  of  Brooklyn  as  to  persons 
in  the  service  of  the  City  of  Brooklyn,  of  the  Mayor  of  Long 
Island  City  as  to  persons  in  the  service  of  Long  Island  City,  of 

716 


the  Chairman  of  the  Board  of  Supervisors  of  Richmond  County  as 
to  persons  in  the  service  of  the  municipal  and  public  corporations 
of  Richmond  County,  and  of  the  County  Judge  of  Queen's 
County  as  to  persons  in  the  service  of  the  towns  of  Newtown, 
Flushing,  Jamaica  and  that  part  of  the  town  of  Hempstead 
by  this  Act  included  within  The  City  of  New  York.  The 
said  plan  when  determined  upon  shall  be  signed  by  said  Mayors 
and  said  Chairman  and  said  County  Judge,  or  a  majority 
of  them,  and  shall  be  published  in  the  City  Record  for  such 
length  of  time  as  they  may  direct.  Said  plan  and  the  ap- 
portionment and  assignment  herein  provided  for  shall  take  effect 
on  the  first  day  of  January,  1898,  and  on  and  after  said  date  the 
persons  named  therein  shall  be  deemed  to  hold  and  shall  hold 
the  respective  positions  to  which  they  may  be  assigned  in  said 
plan,  until  removed  as  herein  provided,  and  their  assignment  to 
service  shall  not  be  deemed  or  construed  to  be  a  new  appoint- 
ment or  reappointment,  but  shall  be  deemed  to  be,  and  shall  be, 
a  continuation  of  the  appointment  and  employment  theretofore 
held  by  them.  The  head  of  every  department,  and  every  other 
ofificer  by  this  Act  given  power  to  appoint,  remove  and  fix  and 
regulate  the  salaries  of  his  subordinates,  appointees  and  employ-' 
ees,  shall  have  power  upon  assuming  ofifice,  or  at  any  time  there- 
after, to  remove  any  person  assigned  to  service  under  him  by 
said  plan,  and  to  fix  and  regulate,  within  the  limits  of  his  appro- 
priation and  subject  to  the  restrictions,  if  any,  hereinbefore  pre- 
scribed, the  salaries  and  compensation  of  his  said  subordinates, 
appointees  and  employees.  At  any  time  within  one  year  after 
the  first  day  of  January,  1898,  any  subordinate  or  employee  in 
any  public  department,  bureau  or  ofifice  of  the  City  hereby  con- 
stituted may  be  transferred  to  any  other  public  department,  bureau 
or  ofilice  of  said  City,  provided  such  transfer  be  consented  to  by 
the  Mayor  and  by  the  head  of  the  department,  bureau  or  office 
from  which  such  subordinate  or  employee  is  so  transferred,  and 
the  head  of  the  department,  bureau  or  office  to  which  such 
subordinate  or  employee  is  so  transferred.  Nothing  in  this 
section  contained  shall  apply  to  the  Fire  Department  or  the 
Police  Department,  nor  to  the  New  York  and  Brooklyn  Bridge, 
nor  to  the  pubHc  schools  and  the  Department   of   Education. 

717 


The  incumbents  of  positions  abolished  or  made  unnecessary 
by  this  Act  shall  be  preferred  for  appointment  to  positions 
demanding  their  service.  For  this  purpose  the  Civil  Service 
Commissioners  are  directed,  as  far  as  practicable,  to  place  the 
names  of  such  persons  on  the  proper  eligible  lists,  and  to  give 
them   on   said  lists  the  same  preference  as  veterans. 

The  Civil  Service  regulations  in  force  at  the  time  this  Act 
takes  effect  in  the  various  parts  of  The  City  of  New  York, 
as  constituted  by  this  Act,  and  all  eligible  lists  created  there- 
under in  said  parts  of  the  city  respectively,  shall  continue  in  full 
force  and  effect  until  new  regulations  shall  have  been  adopted 
in  accordance  with  the  provisions  of  this  Act  and  new  eligible 
lists  made  in  accordance  with   such  regulations. 

Books,  papers,  etc. ,  where  filed. 

Sec.  1537.  All  public  books,  papers  and  documents  of  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York,  and 
of  the  City  of  Brooklyn,  and  of  Long  Island  City  and  of  any  board, 
body  or  officer  of,  or  in  the  territory  of  the  County  of  Richmond, 
so  far  as  such  public  books,  papers  and  documents  relate  to  the 
governmental  functions  by  this  Act  devolved  upon  the  Munici- 
cipal  Corporation  created  by  this  Act,  and  of  any  board,  body 
or  officer  of  or  in  that  part  of  the  County  of  Queens  consolidated 
by  this  Act  into  a  Municipal  Corporation,  so  far  as  such  public 
books,  papers  and  documents  relate  to  the  governmental  func- 
tions by  this  Act  devolved  upon  the  Municipal  Corporation  crea- 
ted by  this  Act,  and  also  the  public  books,  papers  and  documents 
of  any  officer,  board  or  body  of  any  district,  town,  or  village  or  of 
any  office  within  the  said  territory  that  relate  to  the  governmental 
functions  by  this  Act  devolved  upon  The  City  of  New  York  crea- 
ted by  this  Act,  shall  be  transferred  to  and  filed  with  the  appro- 
priate departments  or  officers  of  The  City  of  New  York,  provided, 
however,  that  this  section  shall  not  be  deemed  to  apply  to  any 
public  books,  papers  or  documents  of  any  Register,  Sheriff, 
District  Attorney,  Coroner  or  County  Clerk  in  said  territory  or 
in  any  part  thereof.  And  it  shall  be  the  duty  of  all  persons 
having  charge  of  such  books,   papers  and  documents   to  deliver 

718 


the  same  to  and  file  the  same,   with   the  appropriate  officer  or 
department  as  in  this  section  provided. 

Territorial   operation    of   contracts,  grants    and  franchises  not 
extended. 

Sec.  1538.  This  Act  shall  not  extend  the  territorial  operation  of 
any  rights,  contracts  or  franchises  heretofore  granted  or  made  by 
the  corporation  known  as  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  New  York,  or  by  any  of  the  municipal  and  public 
corporations  which  by  this  Act  are  united  and  consolidated  there- 
with, including  the  Counties  of  Kings  and  Richmond,  and  the 
same  shall  be  restricted  to  the  limits  respectively  to  which  they 
would  have  been  confined  if  this  Act  had  not  been  passed ;  nor 
shall  this  Act  in  any  way  validate  or  invalidate  or  in  any  manner 
affect  such  grants,  but  they  shall  have  the  same  legal  validity, 
force,  effect  and  operation  and  no  other  or  greater  than  if  this 
Act  had  not  been  passed. 

Price  of  Gas  in  Richmond  and  Queens  Counties. 

Sec.  1539.  The  price  of  illuminating  gas  in  the  County  of 
Richmond,  and  in  that  part  of  the  County  of  Queens,  included 
within  The  City  of  New  York, as  hereby  constituted,  shall  not  be 
affected  by  this  Act. 

Platting  of  lands  and  dedication  of  streets  and  public  places. 

Sec.  1540.  No  map  of  the  subdivision  of  lands  or  the  platting 
thereof  into  streets  or  avenues  and  blocks  within  the  limits  of 
The  City  of  New  York  shall  hereafter  be  registered  or  become 
effectual  and  binding  as  a  dedication  of  the  streets,  avenues  or 
public  places  on  such  map  or  plat  until  such  map  or  plat  has  been 
submitted  by  the  owner  to  and  approved  by  the  Board  of  Public 
Improvements,  which  in  acting  thereon  shall  examine  and  deter- 
mine whether  the  streets  and  avenues  are  of  adequate  and  suit- 
able width  and  laid  out  with  due  reference  to  connecting  streets 
and  avenues.  Upon  such  approval  the  title  of  the  owner  or 
owners  of  the  land  to  all  streets,  avenues  and  public  places  des- 
ignated on  the  map  or  plat,  shall  immediately  vest  in  fee  clear 

719 


of  all  incumbrances  in  The  City  of  New  York  in  trust  for  the 
designated  public  uses.  Such  map  or  a  copy  thereof  shall  re- 
main of  record  in  the  office  of  the  Board  of  Public  Improve- 
ments, and  a  copy  thereof  with  the  approval  of  the  said  Board 
endorsed  thereon  shall  be  filed  and  recorded  in  the  office  of  the 
Register  of  Deeds  or  County  Clerk  of  the  County  in  which  the 
land  is  situated  and  indexed  therein  as  deeds  are  now  required 
by  law  to  be  indexed.  The  Municipal  Assembly  upon  the 
recommendation  of  the  Board  of  Public  Improvements  may  from 
time  to  time  pass  appropriate  ordinances  not  inconsistent  with 
law  and  this  Act  to  carry  the  provisions  of  this  section  into 
effect  and  regulate  proceedings  thereunder. 

Majority  of  boards  of  departments.     Quorum.     Powers. 

Sec.  1541.  A  majority  of  the  members  of  aboard  in  any  de- 
partment of  the  city  government,  and  also  of  the  Board  for  the 
Revision  of  Assessments,  shall  constitute  a  quorum  to  fully 
perform  and  discharge  any  act  or  duty  authorized,  possessed 
by,  or  imposed  upon  any  department  or  any  board  afore- 
said, and  with  the  same  legal  effect  as  if  every  member  of  any 
such  board  aforesaid  had  been  present,  except  as  herein  otherwise 
specially  provided.  Each  board  may,  except  as  herein  otherwise 
provided,  choose,  in  its  own  pleasure,  one  of  its  members,  who 
shall  be  its  president,  and  one  who  shall  be  its  treasurer,  and  may 
appoint  a  chief  clerk  or  secretary.  No  expense  shall  be  incurred 
by  any  of  the  departments,  boards  or  officers  thereof,  unless  an 
appropriation  shall  have  been  previously  made  covering  such 
expense,  nor  any  expense  in  excess  of  the  sum  appropriated  in 
accordance  with  law. 

Expenses  not  to  exceed  appropriation. 

Sec.  1542.  It  shall  be  the  duty  of  the  heads  of  all  departments 
of  said  city,  and  of  all  boards  and  officers  charged  with  the  duty 
of  expending  or  incurring  obligations  payable  out  of  the  moneys 
raised  by  tax  in  said  city,  so  to  regulate  such  expenditures  for 
any  purpose  or  object,  that  the  same  shall  not  in  any  one  year 
exceed  the  amount  appropriated  by  the  Board  of  Estimate  and 

720 


#5^-*^  Of  THa 

|Uiri71RSIT7l 

Apportionment  for  such  purpose  or  object ;  and  no  charge,  claim, 
or  Hability  shall  exist  or  arise  against  said  city  for  any  sum  in 
excess  of  the  amount  appropriated  for  the  several  purposes. 

Heads  of  departments ;  control  over  subordinates.     Removal. 

Sec.  1543.  The  heads  of  all  departments  (except  as  otherwise 
specially  provided)  shall  have  power  to  appoint  and  remove  all 
chiefs  of  bureaus  (except  the  Chamberlain)  as  also  all  clerks, 
officers,  employees,  and  subordinates  in  their  respective  depart- 
ments, except  as  herein  otherwise  specially  provided,  without 
reference  to  the  tenure  of  office  of  any  existing  appointee.  But 
no  regular  clerk  or  head  of  a  bureau  shall  be  removed  until  he 
has  been  allowed  an  opportunity  of  making  an  explanation ;  and 
in  every  case  of  a  removal,  the  true  grounds  thereof  shall  be 
forthwith  entered  upon  the  records  of  the  department  or  board. 
In  case  of  removal,  a  statement  showing  the  reason  therefor, 
shall  be  filed  in  the  department.  The  number  and  duties  of  all 
officers  and  clerks,  employees,  and  subordinates  in  every  depart- 
ment, except  as  otherwise  herein  specially  provided,  with  their 
respective  salaries,  whether  now  fixed  by  special  law  or  otherwise, 
shall  be  such  as  the  heads  of  the  respective  departments  shall 
designate  and  approve ;  but  subject,  also,  to  the  revision  of  the 
Board  of  Estimate  and  Apportionment ;  provided,  however,  that 
the  aggregate  expense  thereof  shall  not  exceed  the  total  amount 
duly  appropriated  to  the  respective  departments  for  such  pur- 
poses. Any  head  of  department  may,  with  the  consent  of  the 
Board  of  Estimate  and  Apportionment,  consolidate  any  two  or 
more  bureaus  established  by  law,  and  may  change  the  duties  of 
any  bureau ;  and  it  shall  be  the  duty  of  the  head  of  the  finance 
department  to  bring  together  all  officers  and  bureaus  authorized 
to  receive  money  for  taxes,  assessments  or  arrears,  in  such  man- 
ner that  the  payment  of  the  same  can  be  made,  as  nearly  as 
practicable,  at  one  time  and  place,  and  in  one  office. 

Id.:  to  render  reports.     Publication. 

Sec.  1544.  The  said  departments,  and  all  commissioners 
appointed  by  the  Mayor,  pursuant  to  the  provisions  of  this  Act, 

721 


and  not  constituting  heads  of  departments,  shall  once  in  three 
months,  and  at  such  other  times  as  the  Mayor  may  direct  make 
to  him,  in  such  form  and  under  such  rules  as  he  may  prescribe, 
reports  of  the  operations  and  action  of  the  same  and  each  of 
them,  which  reports  shall  be  published  in  the  City  Record.  The 
said  departments  and  commissioners  shall  always,  when  required 
by  the  Mayor,  furnish  to  him  such  information  as  he  may  de- 
mand, within  such  reasonable  time  as  he  may  direct. 

Id. :  to  furnish  copies  of  papers  on  demand. 

Sec.  1545.  The  heads  of  all  departments,  except  the  Police 
and  Law  Departments,  and  the  chiefs  of  each  and  every  bureau  of 
said  departments,  or  any  of  them,  except  the  Police  and  Law  De- 
partments, shall,  with  reasonable  promptness,  furnish  to  any  tax- 
payer desiring  the  same,  a  true  and  certified  copy  of  any  book,  ac- 
count, or  paper  kept  by  such  department,  bureau,  or  officer,  or  such 
part  thereof  as  may  be  demanded,  upon  payment  in  advance  of 
five  cents  for  every  hundred  words  thereof  by  the  person  demand- 
ing the  same.  All  books,  accounts,  and  papers  in  any  depart- 
ment or  bureau  thereof,  except  the  Police  and  Law  Departments, 
shall  at  all  times  be  open  to  the  inspection  of  any  tax-payer,  subject 
to  any  reasonable  rules  and  regulations  in  regard  to  the  time  and 
manner  of  such  inspection  as  such  department,  bureau  or  officer 
may  make  in  regard  to  the  same,  in  order  to  secure  the  safety 
of  such  books,  accounts  and  papers,  and  the  proper  use  of  them 
by  the  department,  bureau,  or  officer,  in  case  such  inspection 
shall  be  refused,  such  tax-payer,  on  his  sworn  petition,  describ- 
ing the  particular  book,  account  or  paper  that  he  desires  to  in- 
spect, may,  upon  notice  of  not  less  than  one  day  to  such  depart- 
ment, bureau,  or  officer,  apply  to  any  justice  of  the  Supreme 
Court  for  an  order  that  he  be  allowed  to  make  such  inspection 
as  such  justice  shall  by  his  order  authorize,  and  such  order  shall 
specify  the  time  and  manner  of  such  inspection. 

Records  to  be  kept  arid  abstracts  published. 

Sec.  1546.  In  every  department  or  board  there  shall  be  kept 
a  record  of  all  its  transactions,  which  shall  be  accessible  to  the 
public,  and  once  a  week    a   brief   abstract,   omitting  formal  lan- 

722 


guage,  shall  be  made  of  all  transactions,  and  of  all  contracts 
awarded  and  entered  into  for  work  and  material  of  every  descrip- 
tion, which  abstract  shall  contain  the  name  or  names,  and  resi- 
dences by  street  and  number,  of  the  party  or  parties  to  the  con- 
tract, and  of  their  sureties,  if  any,  A  copy  of  such  abstract 
shall  be  promptly  transmitted  to  the  person  designated  to  pre- 
pare the  City  Record,  and  shall  be  published  therein.  Notice 
of  all  appointments  and  removals  from  office,  and  all  changes  of 
salaries,  shall  in  like  manner,  within  one  week  after  they  are 
made,  be  transmitted  to  and  pubhshed  in  the  City  Record. 

Certificate  of  appointments. 

Sec.  1547.  Every  person  who  shall  be  appointed  or  elected 
to  any  office  under  the  said  city  shall  receive  a  certificate  of  ap- 
pointment, designating  the  term  for  which  such  person  has  been 
appointed  or  elected. 

Official  oath. 

Sec.  1548.  Every  person  elected  or  appointed  to  any  office 
under  the  city  government  shall,  within  five  days  after  notice  of 
such  election  or  appointment,  take  and  subscribe,  before  the 
Mayor  or  any  judge  of  a  court  of  record,  an  oath  or  affirmation 
faithfully  to  perform  the  duties  of  his  office ;  which  oath  or 
affirmation  shall  be  filed  in  the  office  of  the  City  Clerk. 

Officer  not  to  hold  any  other  civil  office. 

Sec.  1549.  Any  person  holding  office,  whether  by  election 
or  appointment,  who  shall,  during  his  term  of  office,  accept,  hold, 
or  retain  any  other  civil  office  of  honor,  trust,  or  emolument  under 
the  government  of  the  United  States  (except  commissioners  for 
the  taking  of  bail,  or  register  of  any  court),  or  of  the  state  (ex- 
cept the  office  of  notary  public  or  commissioner  of  deeds,  or 
officer  of  the  national  guard),  or  who  shall  hold  or  accept  any 
other  office  connected  with  the  government  of  The  City  of  New 
York,  or  who  shall  accept  a  seat  in  the  Legislature,  shall  be  deemed 
thereby  to  have  vacated  every  office  held  by  him  under  the  city 
government.     No  person  shall  hold  two  city  or  county  offices, 

723 


except  as  expressly  provided  in  this  Act ;  nor  shall  any  officer 
under  the  city  government  hold  or  retain  an  office  under  the 
county  government,  except  the  office  of  Supervisor,  or  when  he 
holds  such  office  ex-officio,  by  virtue  of  an  act  of  the  Legisla- 
ture ;  and  in  such  case  shall  draw  no  salary  for  such  ex-officio, 
office. 


Officers;  when  may  receive  and  retain  fees. 

Sec.  1550.  No  officer  of  the  city  government,  except  the  city 
marshals,  shall  have  or  receive  to  his  own  use  any  fees,  perqui- 
sites, or  commissions  or  any  percentage ;  but  every  such  officer 
shall  be  paid  by  a  fixed  salary,  and  all  fees,  percentages,  and  com- 
missions received  by  any  such  officer  shall  be  the  property  of  the 
city.  And  every  officer  who  shall  receive  any  fees,  perquisites, 
commissions,  percentages,  or  other  money  which  should  be  paid 
over  to  the  city,  shall,  before  he  shall  be  entitled  to  receive  any 
salary,  make  under  oath  a  detailed  return  to  the  Comptroller 
showing  the  amount  of  all  such  fees,  commissions,  percentages, 
perquisites  and  moneys  received  by  him  since  the  last  preced- 
ing report,  the  person  from  whom  received,  and  the  reason  for 
its  payment,  and  shall  produce  the  receipt  of  the  Chamberlain, 
showing  the  payment  to  him,  by  said  officer,  of  the  aggregate 
amount  thereof.  All  sums  received  as  above,  or  for  licenses  or 
permits,  except  as  in  this  Act  otherwise  expressly  provided, 
shall  be  paid  over  weekly,  without  deduction  by  the  officers  or 
department  receiving  them,  to  the  Chamberlain,  and  a  detailed 
return  under  oath  shall  at  any  time  be  made  in  such  form  as 
the  Comptroller  shall  prescribe,  stating  when  and  from  whom, 
and  for  what  use  such  moneys  were  received.  No  city  officer 
who  is  paid  a  salary  for  his  services  from  the  city  treasury 
shall  receive  to  or  for  his  own  use  any  fees,  costs,  allowances,  per- 
quisites of  office,  commissions,  percentages,  or  moneys  paid  to 
him  in  his  official  capacity ;  but  all  fees,  costs,  allowances,  per- 
quisites, commissions,  percentages,  and  moneys  so  paid  or  re- 
ceived by  any  such  officer  or  person,  shall  be  the  property  of 
the  city  and  shall  be  paid  by  him  into  the  city  treasury ;  and 
every  such  officer  or  person  who  shall  receive   any  fees,    perqui- 

724 


sites,  commissions,  percentages,  or  other  moneys  which  belong 
to  the  city,  and  should  be  so  paid  into  the  treasury,  shall,  be- 
fore he  shall  be  entitled  to  receive  or  to  be  paid  his  salary,  make 
under  oath  a  detailed  statement  and  return  to  the  Comptroller 
in  such  form  as  he  may  prescribe,  showing  the  amount  of  all  such 
moneys  received  by  him  since  the  last  preceding  statement  and 
returns,  and  shall  produce  a  receipt  showing  the  payment  of 
such  sum  into  the  treasury.  The  Comptroller  may  require  any 
such  person  or  officer  to  make  such  statement  and  return  to  him, 
if  it  be  not  made  as  herein  provided,  and  may  examine  any  such 
officer  or  person  under  oath  touching  the  amount  of  any  fees, 
costs,  allowances,  perquisites,  commissions,  percentages,  or  mon- 
eys paid  to  or  received  by  him  in  his  official  capacity.  But 
nothing  herein  contained  shall  be  construed  as  prohibiting  the 
receipt  of  fees  by  any  public  officer  on  account  of  the  collection 
of  the  inheritance  tax  as  now  provided  by  law,  or  as  repealing 
the  provisions  of  Chapter  299  of  the  Laws  of  1892. 

Id.:  defrauding. 

Sec.  1551.  Any  officer  of  the  city  government,  or  person  em- 
ployed in  its  service,  who  shall  wilfully  violate  or  evade  any  of 
the  provisions  of  law,  or  commit  any  fraud  upon  the  city,  or  con- 
vert any  of  the  public  property  to  his  own  use,  or  knowingly  per- 
mit any  other  person  so  to  convert  it,  or  by  gross  or  culpable 
neglect  of  duty  allow  the  same  to  be  lost  to  the  city,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  in  addition  to  the  penal- 
ties imposed  by  law,  and  on  conviction,  shall  forfeit  his  office, 
and  be  excluded  forever  after  from  receiving  or  holding  any 
office  under  the  city  government ;  and  any  person  who  shall  wil- 
fully swear  falsely  in  any  oath  or  affirmation  required  by  this 
chapter  shall  be  guilty  of  perjury. 

Money  not  to  be  paid  to  sectarian  schools.     Public  property ;  how 
disposed  of. 

Sec.  1552.  No  money  belonging  to  the  city,  or  city  and  county 
of  New  York,  raised  by  taxation  upon  the  property  of  the  citi- 
zens thereof,  shall  be  appropriated  in  aid  of  any  religious  or  de- 
nominational school,  neither  shall  any  property,  real  or  personal 

725 


belonging  to  said  city,  or  said  city  and  county,  be  disposed  of  to 
any  such  school,  except  upon  the  sale  thereof  at  public  auction, 
after  the  same  has  been  duly  advertised,  at  which  sale  such 
school  shall  be  the  highest  bidder,  and  upon  payment  of  the 
sum  so  bid  into  the  city  treasury ;  neither  shall  any  property 
belonging  to  the  city,  or  city  and  county,  be  leased  to  any  school 
under  the  control  of  any  religious  or  denominational  institution, 
except  upon  such  terms  as  city  property  may  be  leased  to  pri- 
vate parties  after  the  same  has  been  duly  advertised. 

Property  to  be  sold  at  auction. 

Sec.  1553.  All  property  sold  other  than  land  under  water 
shall  be  sold  at  auction,  after  previous  public  notice,  under  the 
superintendence  of  the  appropriate  head  of  department.  The 
proceeds  of  all  sales  made  under  and  by  virtue  of  this  Act  shall, 
except  as  herein  otherwise  specially  provided,  be  by  the  officer 
receiving  the  same  immediately  deposited  with  the  Chamberlain  ; 
and  the  account  of  sales,  verified  by  the  officer  making  the  sales, 
shall  be  immediately  filed  in  the  office  of  the  Comptroller. 

Patented  articles  ;  how  supplied. 

Sec.  1554.  Except  for  repairs  no  patented  pavement  shall  be 
laid  and  no  patented  article  shall  be  advertised  for,  contracted  for 
or  purchased,  except  under  such  circumstances  that  there  can 
be  a  fair  and  reasonable  opportunity  for  competition,  the  con- 
ditions to  secure  which  shall  be  prescribed  by  the  Board  of  Esti- 
mate and  Apportionment, 

Special  provision  as  to  papers  formerly  filed  in  offices  of  Town  Clerks. 

Sec.  1555.  Except  as  otherwise  provided  by  this  Act,  all 
papers  now  required  by  law  to  be  filed  and  recorded  in  the 
Town  Clerk's  office  in  any  of  the  towns  by  this  Act  united  and 
consolidated  into  The  City  of  New  York,  shall  after  this  Act 
takes  effect,  be  filed  and  recorded  in  the  office  of  the  Clerk  of 
the  County  in  which  such  town  is  situated,  and  all  such  papers 
filed  and  recorded  in  any  Town  Clerk's  office  of  such  towns, 
and  the  records  thereof  shall,  immediately  after  this  Act  takes 
effect,  be  deposited  in  such  County  Clerk's  office  by  the  town 
clerks  of  such   towns,  and  shall  remain  of  record  therein. 

726 


Code  of  ordinances ;  when  to  he  prima  facie  evidence. 

Sec.  1556.  A  code  or  other  volume  containing  the  ordinances 
and  by-laws  of  the  city  published  by  authority  of  the  Municipal 
Assembly  shall  ho.  prima  facie  evidence  in  all  courts  of  justice  of 
the  authenticity  of  such  ordinances  and  by-laws. 

Responsible  Guaranty  Company  may  act  as  surety. 

Sec.  1557.  Wherever  this  Act  provides  for  the  giving  of  an 
official  bond  with  surety  or  sureties,  such  surety  or  sureties  may 
consist  of  a  responsible  Guaranty  Company,  provided  the  same 
shall  be  satisfactory  to,  and  be  approved  by  the  officer  or  officers, 
or  body  whose  duty  it  is  to  approve  such  bond  or  sureties. 

Tenure  of  office. 

Sec.  1558.  All  officers  elected  or  appointed  under  this  Act 
shall,  unless  otherwise  expressly  provided  and  unless  sooner  re- 
moved, hold  their  respective  offices  until  their  successors  are 
respectively  elected  or  appointed  and  have  qualified. 

Publication  to  be  made  in  City  Record,  unless  otherwise  provided. 

Sec.  1559.  All  publications  required  by  this  Act  shall,  unless 
otherwise  provided,  be  published  in  the  City  Record,  and  one 
publication  therein  shall  be  sufficient,  unless  it  is  herein  other- 
wise prescribed. 


Title  8. 
coroners. 

Coroners  to  be  elected  in  the  Boroughs. 

Section.  1570.  Four  coroners  shall  hereafter  be  elected  in 
the  Borough  of  Manhattan,  two  in  the  Borough  of  The  Bronx, 
two  in  the  Borough  of  Brooklyn,  three  in  the  Borough  of  Queens 
and  two  in  the  Borough  of  Richmond.  They  shall  be  elected 
in  the  same  manner  and  at  the  same  general  elections  as  are  the 

727 


Sheriffs  in  the  several  counties  in  which  such  Boroughs  are  situa- 
ted, shall  hold  their  respective  offices  for  the  same  term  and  be 
removable  in  the  same  manner.  The  coroners  in  the  Borough 
of  Manhattan  shall  hereafter  keep  open  on  every  day  in  the  year, 
including  Sundays  and  legal  holidays,  the  coroners  office  in  such 
Borough,  with  a  clerk  in  constant  attendance  at  all  times  of  the 
day  and  night. 

Id.:  officers  and  subordinates  provided  for  ;  salaries  and  compensa- 
tion. 

Sec.  1571.  The  Coroners  in  each  Borough  shall  have  an 
office  in  said  Borough  and  shall  appoint  a  clerk  who  shall  receive 
an  annual  salary  to  be  fixed  by  the  Board  of  Estimate  and  Ap- 
portionment and  the  Municipal  Assembly,  and  such  and  so  many 
assistant  clerks  as  shall  be  provided  for  in  the  annual  estimate. 
They  shall  also  appoint  a  stenographer  in  each  Borough  whose 
duty  it  shall  be  to  take  accurate  and  full  stenographic  minutes 
and  transcribe  the  same,  of  all  proceedings  and  testimony  taken 
before  a  jury  in  any  coroner's  court,  held  by  any  one  of  said 
coroners.  Each  of  said  coroners  shall  possess  all  the  powers 
and  perform  all  the  duties  by  law  vested  in  or  imposed  upon 
coroners  in  this  State.  The  salaries  or  other  compensation  of 
said  coroners  shall  be  fixed  by  the  Board  of  Estimate  and  Ap- 
portionment and  the  Municipal  Assembly. 


728 


CHAPTER    XXIII. 

PROVISIONS   RELATING   TO   THE   COUNTIES   AND 
REPEAL   PROVISIONS. 

Title  1.      Provisions  relating  to  the  Counties. 
2.      Repeal  provisions. 

Title  1. 

provisions  relating  to  the  counties. 

Wards  in  the  Borough  of  Brooklyn.     How  designated. 

Section.  1577.  The  wards  of  the  former  City  of  Brooklyn 
are  hereby  continued,  with  their  present  boundaries  and  num- 
bers, and  shall  be  known  and  designated  as  wards  of  the  Bor- 
ough of  Brooklyn. 

Wards  in  Boroughs  of  Manhattan  and    The  Bronx.      How   desig- 
nated. 

Sec.  1578.  The  wards  of  the  corporation  heretofore  known 
as  the  Mayor,  Aldermen  and  Commonalty  of  The  City  of  New 
York  are  hereby  continued,  with  their  present  boundaries  and 
numbers,  and  shall  be  known  and  designated  as  wards  of  the 
Borough  of  Manhattan  and  of  The  Bronx,  respectively. 

Towns  and  Villages  in  Richmond  Comity  abolished. 

Sec.  1579.  The  five  towns  an^  all  the  incorporated  villages 
within  the  County  of  Richmond  are  hereby  abolished. 

Wards  in  the  Borough  of  Richmond. 

Sec.  1580.  The  territory  included  within  the  Towns  of  Cas- 
tleton,  Middletown,  Northfield,  Southfield  and  Westfield,  in  the 
County  of  Richmond,  shall,  in  the  order  named,  be  known  and 

729 


designated   as  wards  One,  Two,  Three,  Four  and  Five,  respect- 
ively, of  the  Borough  of  Richmond. 

Towns  in  Queens  County  abolished.     Wards  in  Borough  of  Queens. 

Sec.  1581.  The  Towns  of  Newtown,  Flushing  and  Jamaica, 
and  all  the  incorporated  Villages  in  that  part  of  the  County  of 
Queens  included  within  The  City  of  New  York,  as  constituted  by 
this  Act,  are  hereby  abolished.  The  territory  heretofore  known 
as  Long  Island  City  shall  be  known  as  Ward  One  of  the  Borough 
of  Queens ;  the  Town  of  Newtown  as  Ward  Two  of  said  Bor- 
ough ;  the  Town  of  Flushing  as  Ward  Three ;  the  Town  of 
Jamaica  as  Ward  Four;  and  that  part  of  the  Town  of  Hemp- 
stead included  within  The  City  of  New  York,  as  constituted  by 
this  Act,  shall  be  known  as  Ward  Five  of  the  said  Borough  of 
Queens.  But  the  Supervisors  of  said  Towns  who  are  in  office 
when  this  Act  takes  effect  shall  serve  out  their  respective  terms 
of  office  as  Supervisors  of  the  Wards  in  which  they  respectively 
reside,  and  shall  continue  to  be  members  of  the  Board  of  Super- 
visors of  the  County  of  Queens. 

Municipal  Assembly.     Power  to  change  boundaries. 

Sec.  1582.  The  Municipal  Assembly  may  from  time  to  time 
by  ordinance  change  the  boundaries  of  wards  and  create  other 
wards  as  the  public  good  and  convenience  may  require. 

Salaries   of  county  officers  in   New  York,  Richmond  a?id  Kings 
Counties.     How  met. 

Sec.  1583.  The  salaries  of  all  county  officers  in  the  Counties 
of  New  York,  Kings  and  Richmond  shall,  unless  otherwise  pro- 
vided by  law,  be  fixed  by  the  Board  of  Estimate  and  Apportion- 
ment, subject  to  approval  by  the  Municipal  Assembly,  and  all 
county  charges  and  expenses  and  salaries  of  county  officers  in 
said  counties  and  each  of  them  shall  be  audited  by  the  Board  of 
Estimate  and  Apportionment,  and  shall  be  paid  by  The  City  of 
New  York,  in  the  same  manner  as  the  salaries  of  city  officers 
and  city  charges  are  paid ;  but  nothing  in  this  section  con- 
tained   shall    be    construed  as  in  any  way  changing  or  modify- 

730 


ing  the  provision  contained  in  section  902,  of  this  Act,  to  the 
effect  that  the  sums  necessary  to  defray  the  salaries  of  County 
officers  and  to  pay  County  charges  and  expenses  in  said  Counties 
shall  be  levied  and  assessed  upon  the  property  of  said  three 
Counties,  respectively,  so  that  each  shall  ultimately  bear  and 
pay  all  its  own  County  charges. 

Election  of  county  officers  required  by  the  Constitution  not  affected. 

Sec.  1584.  Nothing  in  this  Act  contained  shall  be  deemed 
to  interfere  with  or  hereafter  prevent  the  election,  under  and  pur- 
suant to  laws  relating  thereto,  of  all  County  Officers  required 
by  the  Constitution  of  the  State,  to  be  elected  in  either  of  the 
Counties,  in  whole  or  in  part,  included  within  The  City  of  New 
York,  as  constituted  by  this  Act. 

Public  Administrator  of  the  County  of  New  York. 

Sec.  1585.  Upon  the  passage  of  this  Act,  the  ofificial 
designation  of  the  Public  Administrator  in  the  City  of  New 
York,  as  heretofore  known  and  bounded,  shall  be  the  Public 
Administrator  of  the  County  of  New  York,  and  such  officer 
shall  continue  a  County  officer  with  the  powers,  duties  and 
obligations  now  prescribed  by  law,  and  the  present  provisions  of 
law  and  the  present  ordinances  relating  to  said  Public  Adminis- 
trator shall  not  be  affected  by  anything  herein  contained. 

Devolution  of  poivers  vested  in  Board  of  Supervisors. 

Sec.  1586.  All  powers  of  local  legislation  and  administration 
in  the  Counties  of  New  York,  Kings  and  Richmond,  which  are 
not,  at  the  time  of  the  taking  effect  of  this  Act,  vested  in  Boards 
of  Supervisors  of  said  Counties  by  an  Act,  entitled:  "An  Act 
to  provide  for  Boards  of  Supervisors  in  counties  wholly  within 
the  limits  of  a  city,  but  not  comprising  the  whole  of  such  city, 
and  defining  the  powers  and  duties  thereof,"  or  which  are  not 
vested  in  other  county  officers  required  by  the  Constitution  of 
the  State  to  be  maintained  in  said  three  counties,  respectively, 
are  hereby  vested  in  the  Municipal  Assembly  of  The  City  of 
New  York,  as  constituted  by  this  Act,  except  where  otherwise 
vested  by  this  Act  in  administrative  departments  or  officers 
of  said  city. 

731 


The  office  of  County  Treasurer  of  the  County  of  Richmond  abol- 
ished. 

Sec.  1587.  The  office  of  County  Treasurer  of  the  County  of 
Richmond  is  hereby  aboHshed  and  all  the  powers,  duties  and 
obligations  of  said  County  Treasurer  are  hereby  devolved  upon 
the  Comptroller  of  The  City  of  New  York,  as  constituted  by 
this  Act. 

Proportion  of  the  debt  of  the  County  of  Queens  assumed  by  The  City 
of  New  York  :  power  of  Board  of  Supervisors  of  said  County 
to  bind  that  part  thereof  included  in  The  City  of  New  York, 
restricted. 

Sec.  1588.  The  proportion  of  the  debt  of  the  County  of 
Queens  which  shall  be  assumed  by  The  City  of  New  York,  as 
constituted  by  this  Act,  shall  be  determined  in  the  manner 
following: 

The  Mayor  and  the  Municipal  Assembly  as  representing  The 
City  of  New  York  and  the  Board  of  Supervisors  of  the  County 
of  Queens,  are  hereby  authorized  and  empowered  to  agree,  if  they 
can,  as  to  the  amount  of  the  debt  of  the  County  of  Queens, 
which  should  equitably  and  properly  be  assumed  by  The  City  of 
New  York.  If  the  Mayor  and  the  Municipal  Assembly  of  The 
City  of  New  York  and  the  Board  of  Supervisors  of  said  County 
of  Queens  be  unable  to  agree  within  six  months  after  this 
Act  takes  effect  as  to  the  proportion  of  said  debt  of  the  County 
of  Queens  to  be  assumed  by  The  City  of  New  York,  the  Supreme 
Court  of  the  Third  Judicial  District  shall  have  power  to  deter- 
mine the  proportion  of  said  debt  of  the  County  of  Queens,  to  be 
assumed  by  said  city,  and  to  enforce  such  award,  decision  and 
determination  as  shall  be  made  in  the  premises,  in  a  suit  in  equity 
to  be  brought  by,  and  in  the  name  of  either  of  said  parties  not 
less  than  six  months  nor  more  than  one  year  after  the  taking  effect 
of  this  Act.  Nothing  herein  contained  shall  impair  the  obligation 
of  ^anyjcontract ;  and  the  property  and  inhabitants  of  such  parts 
ofj^the  County  of  Queens,  as  are  by^this  Act  consolidated  with 
the  corporation  heretofore  known  as  the^Mayor,  Aldermen  and 
Commonalty  of  The  City  of  New  York,  shall  continue  liable  to 

732 


the  existing  creditors  of  the  said  County  of  Queens,  in  like  man- 
ner as  if  this  Act  had  not  been  passed.  But  from  and  after  the 
taking  effect  of  this  Act,  the  Board  of  Supervisors  of  said 
County  of  Queens  shall  have  no  power  to  issue  any  bond, 
obligation  or  other  evidence  of  indebtedness  which  shall  bind  or 
render  liable  the  property  or  the  inhabitants  of  any  part  of  said 
County  included  within  The  City  of  New  York  as  hereby 
constituted. 

Proportion  of  the  debt  of  the  Town  of  Hempstead  to  be  assumed  by 
the  City :  power  of  Town  Board  of  said  Town  to  bind  that 
part  thereof  included  in  the  City  of  New  York,  restricted. 

Sec.  1589.  The  proportion  of  the  debt  of  the  Town  of 
Hempstead  which  shall  be  assumed  by  The  City  of  New  York, 
as  constituted  by  this  Act,  shall  be  determined  in  the  following 
manner : 

The  Mayor  and  the  Municipal  Assembly,  as  representing  the 
City  of  New  York  and  the  Town  Board  of  the  Town  of  Hemp- 
stead are  hereby  authorized  and  empowered  to  agree  if  they  can, 
as  to  the  amount  of  the  debt  of  the  Town  of  Hempstead,  which 
should  equitably  and  properly  be  assumed  by  The  City  of  New 
York.  If  the  Mayor  and  the  Municipal  Assembly  of  the  said 
City  and  the  Town  Board  of  said  town  be  unable  to  agree  within 
six  months  after  this  Act  takes  effect  as  to  the  proportion  of 
said  debt  of  the  Town  of  Hempstead  to  be  assumed  by  The  City 
of  New  York,  the  Supreme  Court  of  the  Third  Judicial  District 
shall  have  power  to  determine  the  proportion  of  said  debt  of  the 
Town  of  Hempstead  to  be  assumed  by  said  City,  and  to  enforce 
such  award,  decision  and  determination  as  shall  be  made  in  the 
premises  in  a  suit  in  equity  to  be  brought  by  and  in  the  name 
of  either  of  said  parties  not  less  than  six  months  nor  more  than 
one  year  after  this  Act  takes  effect. 

Nothing  herein  contained  shall  impair  the  obligation  of  any 
contract ;  and  the  property  and  inhabitants  of  such  part  of  the 
Town  of  Hempstead  as  is  by  this  Act  consoHdated  with  the 
corporation  heretofore  known  as  the  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York,  shall  continue  liable  to  the 

733 


existing  creditors  of  the  said  Town  of  Hempstead,  in  like  man- 
ner as  if  this  Act  had  not  been  passed.  But  from  and  after  the 
taking  effect  of  this  Act,  the  Town  Board  of  said  Town  of 
Hempstead  shall  have  no  power  to  issue  any  bond,  obligation 
or  other  evidence  of  indebtedness  which  shall  bind  or  render 
liable  the  property  or  inhabitants  of  any  part  of  said  Town 
included  within  The  City  of  New  York  as  hereby  constituted. 

Disposition  of  real  and  personal  property  ozuned  by  or  lie  Id  in  trust 
for  the  Town  of  Hempstead. 

Sec.  1590.  All  the  real  property  owned  by  the  Town  of 
Hempstead  and  situated  in  that  part  of  said  Town  included 
within  The  City  of  New  York,  as  constituted  by  this  Act,  is 
hereby  vested  in  the  said  City  of  New  York  and  divested  out  of 
the  Town  of  Hempstead,  and  all  of  the  real  property  owned  by 
the  Town  of  Hempstead  and  situated  elsewhere  in  said  town  is 
hereby  vested  in  the  Town  of  Hempstead  and  divested  out  of 
the  said  City  of  New  York. 

All  of  the  property  owned  by  the  Town  of  Hempstead  other 
than  real  property,  including  money,  investments,  securities  on 
investments  and  money  held  in  trust  for  the  benefit  of  said  town, 
directly  or  indirectly,  shall  be  divided  between  the  said  Town 
and  The  City  of  New  York,  as  constituted  by  this  Act,  and 
the  proportion  of  the  same  to  which  each  shall,  in  equity 
and  good  conscience,  be  entitled  to  receive  upon  such  div- 
ision, shall  be  ascertained  and  determined  by  agreement  by 
and  between  the  Town  Board  of  the  Town  of  Hempstead,  upon 
the  one  side,  and  the  Mayor  and  the  Municipal  Assembly  of  the 
said  City  of  New  York,  upon  the  other  side,  and  in  case  of  their 
inability  to  agree  upon  such  division  within  six  months  after  this 
Act  shall  take  effect,  the  Supreme  Court  in  the  Third  Judicial 
District  is  hereby  empowered  to  divide  the  same  between  them 
and  to  ascertain  and  award  to  each  its  equitable  proportion 
thereof,  and  to  enforce  its  determination  thereon,  and  either  of 
the  said  Municipalities  may  institute  and  prosecute,  in  its  own 
name,  an  action  in  equity  in  said  Court  for  that  purpose  after 
the  expiration  of  six  months  and  before  the  expiration  of  one 
year  after  this  Act  takes  effect. 

734 


Proportion  of  funds  a?td  moneys  received  by  the  City  which  should 
be  returned  to  Queens  County  or  paid  to  the  Comptroller  of  the 
State  ;  how  determined. 

Sec.  1591.  The  Mayor  and  the  Municipal  Assembly  of  The 
City  of  New  York,  as  constituted  by  this  Act,  and  the  Board  of 
Supervisors  of  the  County  of  Queens,  are  also  authorized  and 
empowered  to  determine  what  proportion  of  the  funds  and 
moneys  that  may  be  received  by  The  City  of  New  York,  pursu- 
ant to  the  provisions  of  this  Act,  from  any  ofificer  of  any  of 
the  municipal  and  public  corporations  or  parts  of  municipal 
and  public  corporations  within  the  County  of  Queens,  and 
hereby  consolidated  with  the  corporation  heretofore  knov/n  as 
the  Mayor,  Aldermen  and  Commonalty  of  The  City  of  New 
York,  should  be  refunded  or  repaid  to  the  County  of  Queens,  as 
representing  taxes  levied  and  assessed  for  the  payment  of  county 
charges  and  expenses  within  said  county,  and  in  like  manner 
what  proportion  of  said  moneys  that  may  be  so  received,  were 
levied  for  State  taxes  payable  by  said  County  of  Queens  for  the 
year  1898,  and  should  therefore  be  turned  over  to  the  Comp- 
troller of  the  State  in  payment  and  discharge  of  said  county's 
obligation  to  the  State  in  that  regard  for  the  year  1898.  If  the 
Mayor  and  the  Municipal  Assembly,  and  the  said  Board  of 
Supervisors  of  the  County  of  Queens  be  unable  within  three 
months  after  this  Act  takes  effect  to  agree  as  to  any  or  either 
of  said  matters,  then  the  Supreme  Court  of  the  Third  Judicial 
District  shall  have  power  to  determine  in  each  case  where  a  dis- 
agreement occurs  upon  said  matters,  and  each  of  them,  and  to 
enforce  such  determination  and  decision  in  a  suit  in  equity,  to 
be  brought  in  the  name  of  the  Supervisors  of  said  County  of 
Queens,  or  of  the  Comptroller  of  the  State,  as  the  case  may  be, 
not  less  than  six  months  nor  more  than  one  year  after  this  Act 
takes  effect. 

Board  of  Supervisors  of  Queens  County  not  to  levy  any  tax  upon 
that  part  of  said  County  witlmi  the  City. 

Sec.  1592.  No  tax  either  for  State  or  for  County  purposes 
shall,  after  the  taking  effect  of  this  Act,  be  levied  by  the  Board 
of    Supervisors   of    the   County  of    Queens   upon  any  property 

735 


situated  in  that  part  of  said   County  within    The    City  of    New 
York,  as  hereby  constituted. 

Comptroller  of  State  to  determine  amount  of  County  charges  of 
Queens  Coufity  to  be  borne  by  the  City. 

Sec.  1593.  The  Comptroller  of  the  State  shall  have  power 
and  is  hereby  authorized  to  determine  on  or  before  the  first 
day  of  October  in  each  year  the  amount  of  the  county  charges  and 
expenses  which  should  be  equitably  borne  by  that  part  of  the 
County  of  Queens  situated  within  The  City  of  New  York,  as 
hereby  constituted,  and  to  report  the  amount  thereof  to  the 
Comptroller  of  said  City.  The  amount  so  determined  by  the 
Comptroller  of  the  State,  shall  be  levied  and  assessed  by  the 
Municipal  Assembly  of  said  city  upon  that  part  of  the  County  of 
Queens  included  within  said  city,  and  shall  be  collected  by  said 
city,  and  as  fast  as  the  same  is  collected,  shall  be  paid  over  by 
said  city  to  the  County  Treasurer  of  the  County  of  Queens,  or 
to  such  other  officer  of  said  county  as  may  by  law  be  authorized 
to  receive  the  same. 

Comptroller  of  State  to  determine  amount  of  State  tax  to  be  paid  by  the  part 
of  Queens  County  wiihiti  the  City  ;  how  levied  and  collected. 

Sec.  1594.  It  shall  be  the  duty  of  the  Comptroller  of  the 
State,  on  or  before  the  first  day  of  October  in  each  year,  to 
compute  and  apportion  the  amount  of  tax  for  State  purposes 
which  should  be  paid  by  that  part  of  the  County  of  Queens 
by  this  Act  included  in  The  City  of  New  York  and  to  transmit 
•a  statement  of  such  amount  to  the  Comptroller  of  The  City  of 
New  York  for  levy  and  collection  by  said  city.  The  amount  of 
which  a  statement  is  thus  transmitted,  shall  be  levied  upon  and 
collected  from  the  entire  property  within  the  territorial  limits  of 
said  city  in  like  manner  as  other  expenses  of  the  City. 

Comptroller  to  transmit  to  the  City  a  statement  of  the  State  ta^  to  be  paid 
by  New  York,  Kings  and  Richmond  Counties :  how  levied  and  col- 
lected. 

Sec.  1595.  It  shall  be  the  duty  of  the  Comptroller  of  the 
State  annually  to  transmit  to  the  Comptroller  of  The  City  of 

736 


New  York,  as  hereby  constituted,  for  levy  and  collection  by  said 
city,  a  statement  of  the  amount  of  tax  for  State  purposes  to  be 
paid  by  the  Counties  of  New  York,  Kings  and  Richmond, 
respectively.  The  amount,  of  which  a  statement  is  thus  trans- 
mitted by  the  Comptroller  of  the  State  to  the  Comptroller  of 
said  City,  shall  be  levied  upon  and  collected  from  the  entire 
property  within  the  territorial  limits  of  said  City  in  like  manner 
as  other  expenses  of  said  City. 

Comptroller  of  State  to  apportion  Queens  County  School  moneys. 

Sec.  1596.  It  shall  be  the  duty  of  the  Comptroller  of  the 
State,  and  he  is  hereby  authorized  to  make  on  or  before  the 
first  day  of  February  in  each  year,  an  apportionment  of  the 
school  moneys  which  should  equitably  be  assigned  to  that  part 
of  the  County  of  Queens  included  within  The  City  of  New 
York,  as  hereby  constituted.  Such  portion  of  said  school  moneys 
as  shall  by  the  Comptroller  of  the  State  be  determined  to  belong 
to  that  part  of  the  County  of  Queens  included  within  The  City 
of  New  York,  shall  be  transmitted  to  the  Chamberlain  of  said 
city  for  the  uses  and  purposes  provided  for  in  the  Chapter  on 
Education  contained  in  this  Act. 

School  moneys  for  New  York,  Kings  and  Richmond  Counties  to  be  trans- 
mitted to  the  City. 

Sec.  1597.  All  school  moneys  which  may  after  the  taking 
effect  of  this  Act  be  allotted  to  the  Counties  of  New  York,  Kings 
and  Richmond,  respectively,  shall  be  transmitted  to  the  Cham- 
berlain of  The  City  of  New  York  for  the  uses  and  purposes  pro- 
vided for  in  the  Chapter  on  Education  contained  in  this  Act. 


737 


Title  2. 
repeal  provisions — effect  of  this  act. 

Inconsistent  provisions  of  Consolidation  Act  repealed. 

Sec.  1608.  The  Act  of  the  Legislature  of  the  State  of  New 
York,  passed  July  i,  1882,  known  as  the  New  York  City  Con- 
solidation Act  of  1882,  and  Acts  amendatory  thereof,  and  sup- 
plemental thereto,  and  other  Acts  of  the  Legislature  of  the  State 
of  New  York  now  in  force  relating  to  or  affecting  the  local  gov- 
ernment of  the  City  of  New  York,  are  hereby  repealed  so  far  as 
any  provisions  thereof  are  inconsistent  with  the  provisions  of 
this  Act,  or  so  far  as  the  subject  matter  thereof  is  revised  or 
included  in  this  Act,  and  no  further.  So  far  as  the  provisions  of 
this  Act  are  the  same  in  terms  or  in  substance  and  effect  as  the 
provisions  of  the  said  Consolidation  Act,  or  of  other  Acts  of  the 
Legislature  now  in  force  relating  to  or  affecting  the  municipal 
and  public  corporations,  or  any  of  them  herein  united  and  con- 
solidated, this  Act  is  intended  to  be  not  a  new  enactment,  but  a 
continuation  of  the  said  Consolidation  Act  of  1882,  and  said 
other  Acts,  and  is  intended  to  apply  the  provisions  thereof  as 
herein  njodified  to  the  City  of  New  York  as  herein  constituted, 
and  til  is  Act  shall  accordingly  be  so  construed  and  applied. 

Omission  of  previous  acts  not  to  be  construed  as  repealed. 

Sec.  1609.  The  mere  omission  from  this  Act  of  any  previous 
acts  or  ol  any  of  the  provisions  thereof,  including  said  Con- 
solidation Act  of  1882,  relating  to  or  affecting  the  municipal 
and  public  corporations  or  any  of  them  which  are  herem  united 
and  consolidated,  shall  not  be  held  to  be  a  repeal  thereof. 

Acts  applicable  to  The  City  of  Nezv  York. 

Sec.  1610.  All  the  provisions  of  all  acts  of  the  Legislature  of 
the  State  of  New  York,  including  said  Consolidation  Act  of 
1882,  of  a  general  and  permanent  character,  relating  to  the 
corporation  heretofore  known  as  the  Mayor,  Aldermen 
and  Commonalty  of  the  City  of  New  York,  in  force  at  the 
time  this  Act   goes   into   effect,   which   are   consistent    with 

738 


this  Act  and  its  purposes,  and  which  are  not  revised  and 
included  in  or  the  subject  matter  thereof  covered  by  this 
Act,  are  hereby  extended  to  the  City  of  New  York  as 
herein  constituted,  so  far  as  they  are  consistent  with  this  Act, 
and  are  not  in  their  nature  locally  inapplicable  to  other  portions 
of  the  city  than  the  corporation  heretofore  known  as  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York. 
And  the  provisions  of  law  thus  extended  to  the  City  of  New 
York  as  herein  constituted  shall  apply  to  said  city  throughout 
its  whole  extent,  anything  to  the  contrary  notwithstanding 
contained  in  the  charter  of  any  of  the  municipal  or  public 
corporations  or  laws  relating  thereto,  which  are  by  this  Act 
united  and  consolidated  with  the  corporation  heretofore  known 
as  the  Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York. 

To  take  effect  January  1,  1898. 

Sec.  1611.  For  the  purpose  of  determining  the  effect  of  this 
Act  upon  other  acts  and  the  efifect  of  other  acts  upon  this  Act, 
this  Act  shall,  except  as  in  this  section  is  otherwise  provided, 
be  deemed  to  have  been  enacted  on  the  first  day  of  January* 
in  the  year  one  thousand  eight  hundred  and  ninety-eight. 
This  Act  shall  take  effect  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  ninety-eight :  provided,  how- 
ever, that  where  by  the  terms  of  this  Act  an  election  is  pro- 
vided or  required  to  be  held  or  other  act  done  or  forbidden 
prior  to  January  i,  1898,  then  as  to  such  election  and  such 
acts,  this  Act  shall  take  effect  from  and  after  its  passage,  and 
shall  be  in  force  immediately,  anything  in  this  chapter  or  Act 
to  the  contrary  notwithstanding. 

Invalidity  of  one  section  not  to  invalidate  any  other  section. 

Sec.  1612.  The  invalidity  of  any  section  or  provision  of  this 
Act  shall  not  invalidate  any  other  section  or  provision  thereof. 

Interregnum  ;  how  prevented. 

Sec.  1613.  To  guard  against  the  inconvenience  and  effects  that 
might  arise  from  the  changes  in  local  government  effected  by 
this  Act,  and  to  prevent  an  interregnum,  and  otherwise  to  carry 

Y39 


out  the  purposes  and  provisions  of  this  Act,  it  is  hereby  enacted 
that  until  this  Act  and  its  several  provisions  shall  take  effect  all 
existing  acts  shall  remain  in  force,  and  all  officers  in  office  when 
this  Act  takes  effect  shall  remain  in  office  until  their  successors 
are  respectively  elected  and  appointed  and  shall  have  qualified 
under  the  provisionsof  this  Act.  And  for  the  purposes  afore- 
said as  well  as  for  any  other  purpose  necessary  or  proper 
to  effectuate  the  scheme  and  objects  of  this  Act,  and  to  carry 
into  effect  the  powers  granted  by  this  Act  to  The  City  of  New 
York,  the  Municipal  Assembly  shall  have  power  by  ordinances 
to  make  from  time  to  time  all  such  provisions  concerning  the 
local  rule  and  government  of  The  City  of  New  York  as  herein 
constituted,  and  each  and  all  of  its  departments  as  it  may  find 
necessary  or  deem  needful  not  inconsistent  with  the  Constitution 
and  Laws  of  the  State  and  the  express  provisions  of  this  Act. 

Existing  rights  and  remedies  preserved. 

Sec.  1614.  No  right  or  remedy  of  any  character  shall  be  lost 
or  impaired  or  affected  by  reason  of  this  Act.  This  Act  shall 
not  affect  or  impair  any  act  done  or  right  accruing,  accrued  or 
acquired,  or  penalty,  forfeiture  or  punishment  incurred  prior 
to  the  time  when  this  Act  takes  effect  or  by  virtue  of  any  laws 
repealed  or  modified  b}'  this  Act,  but  the  same  may  be  asserted, 
enforced,  prosecuted  or  inflicted  as  fully  and  to  the  same  ex- 
tent as  if  this  Act  had  not  been  passed  or  said  laws  had  not 
been  repealed  or  modified ;  and  all  actions,  suits,  proceed- 
ings or  prosecutions  under  the  New  York  City  Consolidation 
Act  of  1882  or  amendments  thereof,  or  other  laws  relating  to 
the  City  of  New  York  and  herein  repealed  or  modified,  or 
under  any  charter  or  law  relating  to  any  of  the  municipal  and 
public  corporations  which  are  herein  united  and  consolidated, 
and  pending  when  this  Act  takes  effect,  including  the  Counties 
of  Kings  and  Richmond,  may  be  prosecuted  and  defended 
to  final  effect  in  the  same  manner  as  they  might  under 
the  laws  then  existing,  unless  herein  otherwise  specially 
provided  ;  and  such  actions,  suits,  proceedings  or  prosecutions 
may  be  continued  without  change  of  name  or  title,  or  on 
motion  The  City  of  New  York  may  be  substituted  as  plaintiff 
or  defendant,  as  the   case  may  be,  in  the  place  of  the  existing 

740 


party  to  whose  rights  and  obligations  the  said  City  of  New 
York  has  by  force  of  this  Act  succeeded.  The  Corporation 
Counsel  shall  assume  the  charge,  direction  and  control  of  all 
such  actions,  suits  and  proceedings  in  behalf  of  The  City  of 
New  York.  All  future  suits  by  or  against  The  City  of  New 
York  as  herein  constituted  or  against  any  of  the  municipal  and 
public  corporations  in  this  Act  united  and  consolidated  shall 
be  in  the  corporate  name  of  "  The  City  of  New  York." 

Powers  of  Corporations  consolidated  devolved  upon   The  City  of 
New  York. 

Sec.  1615.  Upon  the  taking  effect  of  this  Act  on  the  first  day 
of  January,  eighteen  hundred  and  ninety-eight,  all  the  munici- 
pal and  public  corporations,  except  counties,  which  by  this  Act 
are  consolidated  with  the  corporation  heretofore  known  as 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
shall  cease  and  determine,  and  their  powers  to  the  full  extent 
of  legislative  power  in  this  behalf  are  respectively  devolved 
upon  the  corporation  of  The  City  of  New  York  as  herein  con- 
stituted and  the  Municipal  Assembly  thereof,  unless  otherwise 
expressly  provided  in  this  Act  or  by  law.  And  all  offices 
forming  part  of  the  local  government  of  the  said  municipal  and 
public  corporations  and  parts  thereof,  including  cities,  villages, 
towns  and  school-districts,  but  not  including  counties,  which, 
by  the  first  section  of  this  Act,  are  united  and  consolidated 
into  The  City  of  New  York,  as  herein  constituted,  are  hereby 
abolished  as  to  all  the  territory  embraced  within  the  limits  of 
said  city,  except  as  herein  otherwise  expressly  provided.  The 
foregoing  does  not  include  the  office  of  Recorder  of  the  former 
City  of  New  York,  which  is  hereby  continued  under  the  name 
and  title  of  Recorder  of  the  County  of  New  York. 

Forfeiture  or  loss  of  property  not  worked. 

Sec.  1616.  Neither  the  above  nor  any  other  provisions  of  this 
Act  shall  work  any  forfeiture  or  loss  of  any  property  or  rights 
therein  or  relating  thereto  held  in  trust  by  said  municipal  and 
public  corporations  or  any  of  them,  or  to  which  they  or  any  of 
them  are  or  may  be  entitled  ;  and  The  City  of  New  York  as 

741 


herein  constituted  is  hereby  declared  to  be  the  successor  in 
respect  of  such  property  and  rights  of  the  said  municipal  or 
public  corporation  to  which  the  same  was  granted  ;  and  the 
said  City  of  New  York  shall  hold  the  same,  as  well  as  all  other 
property  and  rights  to  which  such  corporation  may  be  entitled, 
as  successor,  on  the  same  trusts  and  charged  with  the  same 
duties  as  the  municipal  or  public  corporation  to  which  it  was 
granted. 

Franchises  and  other  grants  not  affected. 

Sec.  1617.  Neither  this  Act  nor  anything  contained  therein 
shall  affect  any  grants  of  franchises  or  properties  or  rights  of 
any  nature  in,  to  or  concerning  property  of  any  character  or 
other  grants  made  by  the  NicoUs'  Charter,  the  Dongan  Charter, 
the  Cornbury  Charter,  the  Montgomerie  Charter,  by  the  Con- 
firmatory Act  passed  the  14th  day  of  October,  1732,  or  by  any 
other  Charter  or  Act  granted  to  the  corporation  known  as  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New  York, 
by  the  State  of  New  York,  or  granted  by  said  State  to  the  City 
of  Brooklyn  or  to  any  of  the  other  municipal  and  public  corpor- 
ations which  are  herein  united  and  consolidated  into  The  City 
of  New  York,  and  each  and  all  of  said  grants  are  to  all  intents 
and  purposes  hereby  ratified,  granted,  confirmed  and  extended 
to  the  City  of  New  York  as  constituted  by  this  Act. 

This  Act:  how  repealed  or  amended. 

Sec.  1618.  This  Act  or  any  section  or  provision  thereof  shall 
not  be  deemed  to  be  repealed  or  amended  by  any  act  of  the 
Legislature,  unless  it  be  so  expressly  stated,  or  the  Legislative 
intention  to  that  effect  is  unmistakable. 

Chapter  91^  of  the  laws  of  1896  not  repealed. 

Sec.  1619.  Nothing  in  this  Act  contained  shall  be  deemed 
to  repeal  the  provisions  of  Chapter  942  of  the  Laws  of  1896. 

This  Act  a  Public  Act. 

Sec.  1620.  This  Act,  providing  for  uniting  into  one  muni- 
cipality various  communities,  including  the  City  and  County  of 

742 


New  York,  the  City  of  Brooklyn,  the  County  of  Kings,  the- 
County  of  Richmond,  and  part  of  the  County  of  Queens  with 
the  municipal  and  public  corporations  therein,  as  in  this  Act 
provided,  is  intended  to  be  and  shall  be  deemed  and  held  in  all 
courts  and  jurisdictions  to  be  a  public  act,  of  which  the  courts 
shall  take  judicial  notice.  And  this  Act  shall  be  construed  not 
as  an  act  in  derogation  of  the  powers  of  the  State  but  as  one 
intended  to  aid  the  State  in  the  execution  of  its  duties  by  pro-^ 
viding,  subject  to  the  Constitution  and  laws  of  the  State  and 
the  provisions  and  limitations  herein  contained,  an  adequate 
scheme  of  local  government  for  the  communities  and  people 
affected,  through  the  instrumentality  of  the  corporate  body 
herein  constituted  under  the  name  of  "  The  City  OF  New 
York." 


743 


APPENDIX. 


AN  ACT 

To  provide  for  Boards  of  Supervisors  in  Counties 
v^holly  within  tlie  limits  of  a  city  but  not 
comprising  the  whole  of  such  city,  and  defin- 
ing the  powers  and  duties  thereof. 

The  People  of  the  State  of  New  York  represented  in  Senate  and 
Assembly  do  enact  as  follows  : 

Sec.  I.  In  every  County  of  the  State  wholly  included  within 
the  limits  of  a  city  but  not  comprising  the  whole  of  such  city, 
there  shall  be  a  Board  of  Supervisors  to  be  composed  of  the 
members  of  the  Municipal  Assembly,  Board  of  Aldermen, 
Common  Council  or  other  legislative  body  of  such  city  who 
shall  be  elected  as  such  and  also  as  Supervisors  by  the  people 
of  the  County. 

Sec.  2.  Every  such  Board  of  Supervisors  may  act  as  a  Board 
of  County  canvassers,  and  shall,  in  case  the  County  be  en- 
titled to  more  than  one  member  of  Assembly,  have  the  power 
of  dividing  the  County  into  Assembly  Districts  as  provided  by 
section  5  of  Article  III.  of  the  Constitution. 

Sec.  3.  Every  such  Board  of  Supervisors  shall  have  no  other 
or  further  powers  of  local  legislation  or  administration,  and 
shall  have  no  power  to  incur  any  debt. 

Sec.  4.  The  members  of  every  such  Board  of  Supervisors 
shall  serve  as  such  without  compensation  and  without  other  or 
further  compensation  than  is  received  by  them  as  members  of 
the  Municipal  Assembly,  Board  of  Aldermen,  Common  Council, 
or  other  legislative  body  of  the  city  within  which  the  County 
is  included. 

747 


Sec.  5.  The  term  of  office  of  each  member  of  every  such 
Board  of  Supervisors  shall  be  co-extensive  with  and  no  longer 

than  his  term  of  office  as  member  of  said  Municipal  Assembly, 
Board  of  Aldermen,  Common  Council,  or  other  legislative 
body  of  the  city  within  which  the  County  is  located. 

Sec.  6.  All  Acts  and  parts  of  Acts  heretofore  passed  by  the 
Legislature  which  are  in  an}'  respect  in  conflict  or  inconsistent 
with  the  provisions  hereof  or  any  of  them,  are  hereby  repealed. 

Sec.  7.  Each  and  ever}'^  Board  of  Supervisors  in  existence 
prior  to  January  ist,  1898,  in  any  County  of  the  State  falling 
within  the  provisions  of  section  i  of  this  Act,  shall  from  and  after 
said  January  ist,  1898,  be  abolished  ;  and  all  the  rights,  powers 
and  duties  which  by  law  were  vested  in  any  such  Board  of 
Supervisors  prior  to  said  January  ist,  1898,  are  hereby  wholly 
abrogated  except  as  herein  provided. 

Sec.  8.  This  Act  shall  take  effect  immediately  save  as  other] 
wise  herein  provided. 


748 


AN  ACT 

Relating  to  the  Election  of  City  Officers  of  the 
City  of  New  York,  as  constituted  by  the 
Greater  New  York  Charter,  at  the  general 
election  to  be  held  in  November,  in  the  year 
Eighteen  Hundred  and  Ninety=seven,  and  for 
the  canvass  and  return  of  the  votes  thereof, 
and  the  determination  of  persons  elected 
thereat. 

Section  1.  Unless  otherwise  provided  in  this  Act,  the 
officers  or  boards  charged  with  the  execution  of  the  provisions 
of  the  election  law  shall  continue  to  do  and  perform  such  Acts 
as  they  are  required  by  the  election  law  to  do  and  perform  within 
The  City  of  New  York,  as  constituted  by  the  Greater  New  York 
Charter. 

Sec.  2.  The  provisions  of  the  election  law,  constituting 
Chapter  6  of  the  General  Laws,  applicable  to  cities  of  the  first 
class  relating  to  the  registration  of  electors,  the  conduct  of  the 
election  and  the  canvass  and  return  of  the  votes  for  a  General 
Election  which  are  not  inconsistent  with  or  contrary  to  the  pro- 
visions of  this  Act,  shall  be  deemed  to  apply  to  all  election  dis- 
tricts within  the  boundaries  of  The  City  of  New  York,  as  con- 
stituted by  the  Greater  New  York  Charter,  for  and  at  the  general 
election  to  be  held  in  the  year  1897,  in  and  for  such  election 
districts. 

Sec.  3.  The  town  board  of  the  town  of  Hempstead,  in  the 
County  of  Queens  shall,  on  or  before  the  first  day  of  July  in  the 
year  1897,  divide  such  town  into  election  districts  which  shall 

749 


contain  as  near  as  may  be  four  hundred  electors.  Such  election 
districts  so  created  shall  be  compact  in  form,  and  shall  be  respec- 
tively wholly  within  or  wholly  without  the  boundary,  within 
such  town,  of  The  City  of  New  York,  as  constituted  as  aforesaid. 

Sec.  4.  Certificates  of  nomination  of  candidates  for  a  city 
office  to  be  voted  for  at  the  general  election  in  the  year  1897, 
in  The  City  of  New  York  or  any  part  thereof,  as  constituted  by 
the  Greater  New  York  Charter,  shall  be  filed  as  follows : 

Certificates  of  nomination  of  candidates  to  be  voted  for  by 
all  the  electors  within  the  territory  of  The  City  of  New  York, 
constituted  as  aforesaid,  shall  be  filed  with  the  Board  of  Police 
Commissioners  of  the  City  of  New  York.  Said  Board  shall 
forthwith  file  a  certified  copy  of  each  such  certificate  with  the 
Board  of  Elections  of  the  City  of  Brooklyn,  and  with  the  county 
clerk  of  the  Counties  of  Richmond  and  Queens,  respectively. 

Certificates  of  nomination  of  candidates  to  be  voted  for  by 
only  the  electors  or  a  portion  of  the  electors  of  the  county  of 
New  York,  shall  be  filed  with  the  Board  of  Police  Commissioners 
of  The  City  of  New  York. 

Certificates  of  nomination  of  candidates  to  be  voted  for  by 
only  the  electors  or  a  portion  of  the  electors  of  Kings  County, 
shall  be  filed  with  the  Board  of  Elections  of  the  City  of  Brooklyn. 

Certificates  of  nomination  of  candidates  to  be  voted  for  by 
only  the  electors  or  a  portion  of  the  electors  of  the  county  of 
Richmond  or  the  county  of  Queens  shall  be  filed  with  the  clerk 
of  such  counties,  respectively. 

Sec.  5.  At  the  general  election  to  be  held  in  the  year  1897, 
tTie  Board  of  Inspectors  in  each  election  district  within  The  City 
of  New  York,  as  constituted  by  the  Greater  New  York  Charter, 
shall,  forthwith,  upon  the  completion  of  the  count  of  votes  for 
each  city  office,  respectively,  and  the  announcement  thereof, 
deliver  at  the  place  of  canvass  to  the  police  officer  or  constable 
present,  or  if  there  be  no  police  officer  or  constable  present, 
then  to  some  other  person  authorized  by  such  board  to  file  the 
same,  a  statement  subscribed  by  the  Board  of  Inspectors,  stating 

750 


the  number  of  votes  received  by  each  candidate  for  such  office 
in  such  election  district.  Such  statement  shall  forthwith  be 
conveyed  by  the  officer  or  person  to  whom  it  is  delivered  to  the 
police  headquarters  of  the  precinct  or  other  police  division  in 
which  the  place  of  canvass  is  located,  and  he  shall  deliver  it 
inviolate  to  the  officer  in  command  thereof,  who  shall  immedi- 
ately transmit  by  telegraph,  telephone  or  messenger  the  contents 
of  such  statement  to  the  Chief  of  PoHce  of  The  City  of  New  York 
at  police  headquarters  in  such  city.  Such  statements  shall  be 
preserved  by  the  police  for  six  months,  and  shall  be  presumptive 
evidence  of  the  true  result  of  such|  canvass  for  each  such  office. 

Sec.  6.  The  County  Board  of  Canvassers  of  the  counties 
which  are  wholly  or  partly  within  The  City  of  New  York,  as 
constituted  by  the  Greater  New  York  Charter,  shall  be  the 
Board  of  Canvassers  of  the  votes  cast  therein  for  a  city  office 
at  the  general  election  to  be  held  in  the  year  1897,  and  in 
addition  to  the  statements  required  to  be  made  by  them  by  the 
election  law,  shall  make  and  certify  a  separate  statement  of  the 
votes  cast  for  each  city  office  voted  for  by  the  electors  of  such 
respective  counties  or  any  portion  thereof  in  the  same  form 
as  prescribed  for  other  like  statements  made  by  such  board.  All 
such  statements  shall  be  filed  by  the  secretary  of  the  res- 
pective county  boards  of  canvassers  of  such  counties  with  the 
Board  of  Police  Commissioners  of  The  City  of  New  York  on  or 
before  the  day  succeeding  the  election. 

Sec.  7.  The  Board  of  Police  Commissioners  of  The  City  of 
New  York  shallbe  the  City  Board  of  Caavassers  of  The  City  of 
New  York,  as  constituted  by  the  Greater  New  York  Charter,  of 
the  statements  of  the  votes  cast  at  the  election  in  the  year  1897 
for  municipal  officers  in  The  City  of  New  York  so  constituted, 
or  any  part  thereof.  Three  members  of  such  board  shall  consti- 
tute a  quorum.  If  three  of  such  officers  shall  not  attend  on  a 
day  duly  appointed  for  a  meeting  of  the  board,  the  secretary  of 
the  board  shall  forthwith  notify  the  Mayor  and  Recorder  of  The 
City  of  New  York  to  attend  such  meeting,  and  they  shall  forth- 
with attend  accordingly,  and   shall,  with  the  other  'members  of 

751 


the  Board  of  Police  Commissioners  attending,  constitute  such 
board.  The  chief  clerk  of  the  Board  of  Police  shall  be  the 
secretary  of  the  City  Board  of  Canvassers  created  by  this 
Act.  The  President  of  the  Board  of  Police  Commissioners  shall 
be  the  president  of  the  Board  of  Canvassers,  and  he  shall 
appoint  a  meeting  of  such  board  at  police  headquarters  in  The 
City  of  New  York  on  the  first  Monday  of  December  next 
after  such  election  to  canvass  the  statements  of  the  Boards 
of  County  Canvassers  of  such  elections  for  city  officers.  He 
shall  notify  each  member  of  the  board  of  such  meeting.  The 
board  may  adjourn  such  meeting  from  day  to  day  not  exceed- 
ing a  term  of  five  days. 

Sec.  8.  Said  board  shall,  at  such  meeting,  proceed  to 
canvass  the  certified  statements  of  the  county  Board  of  Can- 
vassers of  each  county  in  which  such  election  was  held.  If  any 
member  of  such  board  shall  dissent  from  a  decision  of  the 
board,  or  shall  deem  any  of  the  acts  or  proceedings  of  the  board 
to  be  irregular,  and  shall  protest  against  the  same,  he  shall  state 
such  dissent  or  protest  in  writing  signed  by  him,  setting  forth 
his  reasons  therefor,  and  deliver  it  to  the  secretary  of  the  board, 
who  shall  file  it  in  his  office.  Upon  the  completion  of  such 
canvass,  such  board  shall  make  separate  tabulated  statements 
signed  by  the  members  of  such  board,  or  a  majority  thereof,  of 
the  whole  number  of  votes  cast  for  all  the  candidates  for  each 
office  shown  by  such  certified  statements  to  have  been  voted 
for,  and  of  the  whole  number  of  votes  cast  for  each  of  such 
candidates,  indicating  the  number  of  votes  cast  in  each  county 
therefor,  and  if  the  voters  of  not  more  than  one  county  or 
portion  of  such  county  were  entitled  to  vote  for  such  candi- 
dates, the  name  and  portion  of  such  county,  and  the  name  of 
each  candidate,  and  the  determination  of  the  board  of  the 
persons  thereby  elected  to  such  office  by  the  greatest  number 
of  votes.  Each  such  statement  and  determination  shall  be  filed 
and  recorded  in  the  office  of  the  clerk  of  the  Board  of  Aldermen 
of  The  City  of  New  York,  who  shall  cause  the  publication 
thereof  to  be  made  once  in  at  least  two  newspapers  in  each  county 
or  portion  of    the  county  within  The    City  of    New  York,  as 

752 


constituted  by  the  Greater  New  York  Charter,  and  also  a 
detailed  statement  thereof  to  be  published  in  the  City  Record 
showing  the  votes  cast  in  each  election  district  for  each  such 
city  ofifice. 

Sec.  9.  Upon  the  completion  of  such  canvass  by  such 
board  and  the  determination  thereof,  the  president  of  the  Board 
of  Police  Commissioners  shall  forthwith  transmit  a  certificate  of 
election  to  each  person  shown  thereby  to  have  been  elected  to 
ofifice.  Such  certificate  shall  be  contersigned  by  the  secretary 
of  the  board  under  the  seal  of  the  City  and  County  of  New 
York. 

Sec.   10.     This  Act  shall  take  effect  immediately. 


AN  ACT 

To  amend  Chapter  nine  hundred  and  nine  of  the 
laws  of  eighteen  hundred  and  ninety-six, 
known  as  the  Election  Law,  and  entitled 
**An  Act  in  relation  to  the  Elections,  con- 
stituting Chapter  six  of  the  general  laws.'* 

The  People  of  the  State  of  New    York  represented  in    the  Senate 
and  Assembly  do  enact  as  follows. 

Section  1.  Section  five  of  chapter  nine  hundred  and  nine 
of  the  laws  of  eighteen  hundred  and  ninety-six,  being  an  act 
entitled  "An  Act  in  relation  to  the  elections,  constituting  chap- 
ter six  of  the  general  laws,"  is  hereby  amended  to  read  as  fol- 
lows: 

Notite  of  Elections  by  Secretary  of  State  and  County  Clerk. 

§5.  The  secretary  of  state  shall,  at  least  three  months  be- 
fore each  general  election,  make  and  transmit  to  the  county  clerk 
of  each  county,  and  the  Police  Board  of  The  City  of  New  York,  a 
notice  under  his  hand  and  official  seal,  stating  the  day  upon 
which  such  election  shall  be  held,  and  stating  each  officer, 
except  city,  village  and  town  officers,  who  may  be  lawfully 
voted  for  at  such  election  by  the  electors  of  such  county  or  any 
part  thereof.  If  any  such  officer  is  to  be  elected  to  fill  a  va- 
cancy, the  notice  shall  so  state.  The  secretary  of  state  shall 
forthwith,  upon  the  filing  in  his  office  of  the  governor's  procla- 
mation ordering  a  special  election,  make  and  transmit  to  each 
County  Clerk  and  to  the  Police  Board  of  The  City  of  New  York, 
alike  notice  of  the  officers  to  be  voted  for  at  such  special  election 
in  such  county  or  city  or  any  part  thereof,  and  cause  such  procla- 
mation to  be  published  in  the  two  newspapers  published  in  such 
county  having  the  largest  circulation  therein,  at  least  once  a  week 

764 


until  such  election  shall  be  held.  Each  County  Clerk  shall  forth- 
with, upon  the  receipt  of  either  such  notice,  file  and  record  it  in  his 
office,  and  shall  cause  a  copy  of  such  notice  to  be  published  once 
in  each  week  until  the  election  therein  specified  in  the  newspapers 
designated  to  publish  election  notices.  He  shall  also  publish 
as  a  part  of  such  notice,  each  city,  village  and  town  officer  who 
may  lawfully  be  voted  for  at  such  election  by  the  electors  of  such 
county  or  any  part  thereof. 

Sec.  2.  Section  six  of  said  act  is  hereby  amended  so  as  to 
read  as  follows : 

Notice  of  submission  of  proposed    constitutional    amendments  or 
other  propositions  or  questions. 

§6.  Every  amendment  to  the  constitution  proposed  by  the 
legislature,  unless  otherwise  provided  by  law,  <;hall  be  submitted 
to  the  people  for  approval  at  the  next  general  election,  afteraction 
by  the  legislature  in  accordance  with  the  constitution;  and 
whenever  any  such  proposed  amendment  to  the  constitution  or 
other  proposition,  or  question  provided  by  law  to  be  submitted 
to  a  popular  vote,  shall  be  submitted  to  the  people  for  their 
approval,  the  secretary  of  state  shall  include  in  his  notice  to  the 
County  Clerk  an-d  the  Police  Board  of  The  City  of  New  York,  of 
the  general  election,  a  copy  of  such  amendment,  proposition  or 
question,  and  if  more  than  one  such  amendment,  proposition  or 
question  is  to  be  voted  upon  at  such  election,  such  amendment, 
proposition  or  question,  respectively,  shall  be  separately  and  con- 
secutively numbered.  If  such  amendment,  proposition  or  question 
is  to  be  submitted  at  a  special  election,  the  secretary  of  state  shall, 
at  least  twenty  days  before  the  election,  make  and  transmit  to 
each  County  Clerk  and  the  Police  Board  of  The  City  of  New  York 
a  like  notice.  Each  County  Clerk  shall,  forthwith  upon  the 
receipt  of  such  notice,  file  and  record  it  in  his  office,  and  shall 
cause  a  copy  of  such  notice  to  be  published  once  a  week  until 
the  election  therein  specified,  in  the  newspapers  designated  to 
publish  election  notices. 

Sec.  3.  Section  eight  of  said  Act  is  hereby  amended  so  as 
to  read  as  follows : 

755 


Creation^  division  and  alteration  of  Election  Districts. 

§8.  Every  town,  or  ward  of  a  city,  not  subdivided  into  election 
districts  shall  be  an  election  district.  The  Town  Board  of  every 
town  containing  more  than  four  hundred  electors,  and  the  Com- 
mon Council  of  every  City  except  New  York,  in  which  there 
shall  be  a  ward  containing  more  than  four  hundred  electors, 
shall,  on  or  before  the  first  day  of  July  in  each  year,  whenever 
necessary  so  to  do,  divide  such  town  or  ward  respectively  into 
election  districts,  each  of  which  shall  be  compact  in  form,  wholly 
within  the  town  or  ward,  and  shall  contain  respectively  as  near 
as  may  be,  four  hundred  electors,  but  no  such  ward  or  town  shall 
be  again  divided  into  election  districts  until,  at  some  general 
election,  the  number  of  votes  cast  in  one  or  more  districts 
thereof  shall  exceed  six  hundred ;  and  in  such  a  case  the 
redivision  shall  apply  only  to  the  town  or  ward  in  which  such 
district  is  situated.  If  any  part  of  a  city  shall  be  within  a  town, 
the  town  board  shall  divide  into  election  districts  only  that  part 
of  the  town  which  is  outside  of  the  city.  No  election  district 
including  any  part  of  a  city  shall  include  any  part  of  a  town 
outside  of  a  city.  A  town  or  a  ward  of  a  city  containing  less 
than  four  hundred  electors  may,  at  least  thirty  days  before  the 
election  or  appointment  (where  appointment  is  directed  to  be 
made  by  law)  of  inspectors  of  election  of  such  town  or  ward,  be 
divided  into  election  districts  by  the  board  or  other  body  charged 
with  such  duty  when,  in  the  judgment  of  such  board  or  body, 
the  convenience  of  the  electors  shall  be  promoted  thereby.  The 
creation,  division  or  alteration  of  an  election  district  outside  of  a 
city  shall  take  effect  immediately  after  the  next  town  meeting, 
and  at  such  next  town  meeting  inspectors  of  election  shall  be 
elected  for  each  election  district  as  constituted  by  such  creation, 
division  or  alteration.  If  the  creation,  division  or  alteration  of 
an  election  district  is  rendered  necessary  by  the  creation  or  alter- 
ation of  a  town,  or  ward  of  a  city,  it  shall  take  effect  immediate- 
ly, but  a  new  town  or  ward  shall  not  be  created,  and  no  new 
town  or  ward  shall  be  subdivided  into  election  districts  between 
the  first  day  of  August  of  any  year,  and  the  day  of  the  general 
election  next  thereafter.     If  inspectors  are  not  elected  or  ap- 

756 


pointed  for  such  district  outside  of  a  city  before  September  the 
first  next  thereafter,  the  town  board  of  the  town  shall  appoint 
four  inspectors  of  election  for  such  district. 

If  a  town  shall  include  a  city,  or  a  portion  of  a  city,  only 
such  election  districts  as  are  wholly  outside  of  the  city  shall  be 
deemed  election  districts  of  the  town,  except  for  the  purpose  of 
town  meetings. 

The  Police  Board  of  The  City  of  New  York  shall  divide 
such  City  into  Election  Districts  on  or  before  the  first  day  of 
July  in  any  year  whenever  necessary  so  to  do  as  hereinafter 
provided. 

The  Election  Districts  existing  pursuant  to  the  provisions 
of  law  in  the  year  1897  in  the  Counties  of  New  York  and 
Kings  shall  continue  with  their  present  boundaries  until  at  some 
general  election  for  the  office  of  governor  the  number  of  regis- 
tered electors  therein  shall  exceed  six  hundred,  provided,  how- 
ever, that  any  Election  District  containing  less  than  seventy- 
five  electors  in  such  counties,  made  necessary  by  the  crossing 
of  congressional  lines  with  other  political  divisions,  may  be  con- 
solidated with  contiguous  Election  Districts  in  any  year  when 
no  representative  in  Congress  is  to  be  voted  for  in  such  districts. 

On  or  before  the  first  day  of  July  in  the  year  1898  the  Police 
Board  of  The  City  of  New  York  shall  divide  that  portion  of 
such  City  that  is  outside  the  Counties  of  New  York  and  Kings 
into  Election  Districts  which  shall  be  compact  in  form  and  shall 
contain  as  near  as  may  be  four  hundred  electors  as  shown  by 
the  registration  of  electors  for  the  general  election  held  therein 
in  the  year  1897.  Such  Election  Districts  so  established  in  The 
City  of  New  York  shall  not  again  be  changed  until  at  some 
general  election  for  the  office  of  governor  the  number  of  regis- 
tered electors  therein  shall  exceed  six  hundred,  except  where 
changes  are  made  necessary  by  a  change  in  the  boundaries  of 
Congressional,  Senate  or  Assembly  Districts  or  Ward  lines, 
provided,  however,  that  when  the  number  of  registered  electors 
in  any  Election  District  shall  for  two  consecutive  years,  be  less 
than  two  hundred  and  fifty,  such  District  may  be  consolidated 
with  contiguous  Election  Districts  in  the  discretion  of  said  Police 
Board. 

757 


In  that  portion  of  The  City  of  New  York  within  the  County 
of  New  York  each  Election  District  shall  be  compact  in  form 
entirely  within  an  Assembly  District  and  numbered  in  consecu- 
tive order  therein  respectively.  In  that  portion  of  The  City  of 
New  York  outside  of  the  County  of  New  York  each  Election 
District  shall  be  compact  in  form,  entirely  within  a  Ward  and 
numbered  in  consecutive  order  therein  respectively. 

Except  as  heretofore  provided  no  Election  District  shall 
contain  portions  of  two  Counties,  or  two  Congressional,  Senate 
or  Assembly  Districts  or  two  Wards.  Each  town  and  each  part 
of  a  town  included  in  The  City  of  New  York,  as  constituted  by 
the  Greater  New  York  Charter,  shall  be  respectively  deemed  to 
be  a  Ward  within  the  meaning  of  this  Section. 

Sec.  4.  Section  ten  of  said  act  is  hereby  amended  so  as  to 
read  as  follows: 

Designation   of  places  for  registry  and  voting,  publication  of  same; 
and  provision  of  furniture  therefor. 

§10.  On  the  first  Tuesday  of  September  in  each  year,  the 
town  board  of  each  town,  and  the  common  council  of  each  city, 
except  New  York,  and  the  Police  Board  of  The  City  of  New  York, 
shall  designate  the  place  in  each  election  district  in  the  city  or 
town  at  which  the  meeting  for  the  registration  of  electors  and 
the  election  shall  be  held  during  the  year.  Each  room  so 
designated  shall  be  of  a  reasonable  size,  sufficient  to  admit  and 
comfortably  accommodate  at  least  ten  electors  at  a  time  outside 
of  the  guard  rails.  No  building,  or  part  of  a  building, 
shall  be  so  designated  in  any  city  if  within  thirty  days  before 
such  designation,  intoxicating  liquors,  ale  or  beer,  shall  have 
been  sold  in  any  part  thereof.  No  room  shall  be  so  designated 
elsewhere  than  in  a  city,  if  within  thirty  days  before  sueh  desig- 
nation, intoxicating  liquors,  ale  or  beer,  shall  have  been  sold  in 
such  room,  or  in  a  room  adjoining  thereto,  with  a  door  or  pas- 
sage-way between  the  two  rooms.  No  intoxicating  liquors,  ale 
or  beer  shall  be  sold  in  such  building  in  a  city  or  such  room  or 
adjoining  room  elsewhere  after  such  designation  and  before  the 
general  election  next  thereafter,  or  be  allowed  in  any  room  in 

758 


which  an  election  is  held  during  the  day  of  the  election  or  the 
canvass  of  the  votes.  Any  person  or  persons  violating  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 
If  any  place  so  designated  shall  thereafter  and  before  the  close 
of  the  election  be  destroyed,  or  for  any  reason  become  unfit  for 
use,  or  cannot  for  any  reason  be  used  for  such  purpose,  the  offi- 
cers charged  with  the  designation  of  a  place  for  such  election 
shall  forthwith  designate  some  other  suitable  place  for  holding 
such  election.  Not  more  than  one  polling  place  shall  be  in  the 
same  room,  and  not  more  than  two  polling  places  shall  be  in  the 
same  building.  The  officers  authorized  to  designate  such  places 
in  any  town  or  city,  shall  provide  for  each  polling  place  at  such 
election,  the  necessary  ballot  and  other  boxes,  guard  rails,  voting 
booths  and  supplies  therein,  and  the  other  furniture  of  such 
polling  place,  necessary  for  the  lawful  conduct  of  each  election 
thereat,  shall  preserve  the  same  when  not  in  use,  and  shall 
deliver  all  such  ballot  and  other  boxes  for  each  polling  place, 
with  the  keys  thereof,  to  the  inspectors  of  election  of  each  elec- 
tion district  at  least  one-half  hour  before  the  opening  of  the  polls 
at  each  election.  The  officers  authorized  to  designate  the  regis- 
tration and  polling  places  in  any  city,  except  The  City  of 
New  York,  shall  cause  to  be  published  in  two  newspapers 
within  such  city  a  list  of  such  places  so  designated,  and  the 
boundaries  of  each  election  district  in  which  such  registra- 
tion and  polling  place  is  located.  Such  publication  shall  be 
made  in  the  newspapers  so  selected  upon  each  day  of  regis- 
tration and  the  day  of  election,  and  on  the  day  prior  to  each 
such  days.  One  of  such  newspapers  so  selected  shall  be  one 
which  advocates  the  principles  of  the  political  party  polling  the 
highest  number  of  votes  in  the  state  at  the  last  preceding  elec- 
tion for  governor,  and  the  other  newspaper  so  designated  shall 
be  one  which  advocates  the  principles  of  the  political  party  poll- 
ing the  next  highest  number  of  votes  for  governor  at  said  elec- 
tion. 

The  Police  Board  of  The  City  of  New  York  shall  cause  to  be 
published  in  two  newspapers  in  each  County  wholly  or  partly 
within  such  City  a  list  of  the  registration  and  polling  places  so 
designated  in  each  Borough  in  such  respective  Counties  and  the 

759 


boundaries  of  each  Election  District  therein  in  which  such  regis- 
tration and  polling  place  is  located.  Such  publication  shall  be 
made  in  such  newspapers  upon  each  day  of  registration  and  the 
day  of  election  and  on  the  day  prior  to  each  of  such  days. 
Such  publications  shall  be  made  in  the  newspapers  published  in 
such  Counties  which  shall  respectively  advocate  the  principles  of 
the  political  parties  which  at  the  last  preceding  election  for  gov- 
ernor respectively  cast  the  largest  and  next  largest  number  of 
votes  .in  the  State  for  such  office.  The  saM  Police  Board  shall 
also  cause  to  be  published  in  the  City  Record  on  or  before  the 
first  day  for  registration  in  each  year  a  complete  list  of  all  the 
registration  and  polling  places  so  designated  and  the  boundaries 
of  the  Election  Districts  in  which  such  places  are  located 
arranged  in  numerical  order  under  the  designation  of  the  respec- 
tive Boroughs  in  which  they  are  located.  In  selecting  the  news- 
papers in  which  such  publications  are  to  be  made  the  said  Board 
shall  keep  in  view  the  object  of  giving  the  widest  publicity 
thereto. 

Sec.  5.  Section  twelve  of  said  act  is  hereby  amended  so  as 
to  read  as  follows : 

Appointment  and  qualifications  of  Election  Officers  in  Cities. 

§12.  On  or  before  the  first  day  of  October  in  each  year, 
the  Police  Board  of  The  City  of  New  York  and  the  Mayor 
of  each  other  city,  shall  select  and  appoint  the  election  officers 
for  each  election  district  in  their  respective  cities ;  and  shall 
severally  have  the  power  to  fill  all  vacancies  which  may  arise 
before  the  opening  of  the  polls  on  election  day.  To  insure  the 
bipartisan  character  of  such  board  or  body  of  election  officers 
required  by  the  election  law,  each  political  party  entitled  to  rep- 
resentation in  such  board  or  body  shall  have  the  right,  not  later 
than  the  first  day  of  August  in  each  year,  to  prepare  and  file 
with  the  board  or  officer  empowered  to  make  the  appointments 
as  herein  provided,  a  list  of  persons,  members  of  such  party, 
duly  qualified  to  serve  as  election  ofllicers,  together  with  a  sup- 
plemental list  of  persons,  members  of  such  party,  duly  qualified 
to  serve  as  election  officers,  from  which  the  said  Mayor  or  Board 

760 


may  select  and  appoint  persons  to  fill  vacancies  occurring  in  the 
representation  of  such  party  in  such  board  or  body  of  elec- 
tion officers.  In  The  City  of  New  York  such  list  shall  be 
authenticated  and  filed  by  the  chairman  of  the  executive 
committee  of  the  county  committee  of  the  party  in  the  respective 
counties  wholly  or  partly  within  such  city,  as  constituted  by  the 
Greater  New  York  Charter;  in  other  cities,  by  the  chairman  and 
secretary  of  the  general,  city  or  county  committee  of  such  party, 
if  there  be  such  a  committee,  or,  if  not,  then  by  the  corresponding 
officers  (by  whatever  name  known)  of  any  committee  perform- 
ing the  usual  functions  of  a  city  or  county  committee; 
provided,  however,  that  if  in  any  city  more  than  one 
such  list  be  submitted  in  the  name  or  on  behalf  of  the  same 
political  party,  only  that  list  shall  be  accepted  which  is 
authenticated  by  the  proper  officer  or  officers'of  the  faction  or 
section  of  such  party,  v/hich  was  recognized  as  regular  by  the 
last  preceding  state  convention  of  such  party ;  or,  where  no  such 
convention  has  been  held  within  the  year,  by  the  proper  officer 
of  the  faction  or  section  of  said  party  which,  at  the  time  of  the 
filing  of  said  list,  is  recognized  as  regular  by  the  state  committee 
of  such  party,  which  was  organized  by  or  pursuant  to  the  direc- 
tion of  the  last  preceding  state  convention  of  such  party.  All 
persons  so  proposed  for  appointment  may  be  examined  as  to 
their  qualifications  by  or  under  the  direction  of  the  board  or  offi- 
cer charged  with  the  duty  of  making  the  appointment ;  and  if 
found  duly  qualified  they  shall  be  appointed  to  the  respective 
positions  for  which  they  were  recommended.  If  any  of  them 
are  found  disqualified,  notice  in  writing  of  that  fact  shall  be 
promptly  given  to  the  person  or  persons  by  whom  the  list  em- 
bracing their  names  was  authenticated,  and  the  vacancy  shall  be 
filled  by  the  appointment  of  a  qualified  person  named  in  the 
supplemental  list  of  party  representatives  heretofore  provided 
for.  If  either  party  entitled  *o  propose  election  officers, 
as  herein  provided,  shall  fail  to  authenticate  and  file  such 
lists  on  or  before  the  first  day  of  August,  or  if  any  of  the  per- 
sons named  therein  shall  be  found  disqualified,  and  if  no  sup- 
plemental list  be  filed,  as  herein  provided,  or  if,  one  or  more 
persons    named  in  such  supplemental  list  be  found  disqualified, 

761 


then  such  board  or  officer  shall,  if  necessary,  proceed  to  select 
in  such  manner  as  may  seem  to  them  or  him  feasible  from  the 
members  of  the  party  or  parties  in  default,  or  whose  nominees 
have  been  found  disqualified,  and  shall  appoint  suitable  per- 
sons to  act  as  election  officers.  In  The  City  of  New  York  the 
members  of  the  board  charged  with  the  duty  of  appointing  elec- 
tion officers,  who  represent  the  same  political  party,  shall  have 
the  exclusive  right  and  be  charged  with  the  exclusive  duty  of 
selecting  from  the  lists  submitted,  or  in  lieu  of  persons  named  on 
such  list  who  shall  have  been  found  disqualified,  the  members  of 
such  party  who  are  to  be  appointed  as  election  officers.  Every 
person  appointed  as  an  election  officer  shall,  within  five  days 
after  notice  of  his  appointment,  take  and  subscribe  the  constitu- 
tional and  statutory  oaths  of  office,  which  shall  be  administered, 
if  in  The  City  of  New  York,  by  the  Superintendent  of  Elections 
or  by  the  chief  of  the  branch  Bureau  of  Elections  in  the  Borough  in 
which  they  are  appointed  to  serve,  or  the  chief  clerk,  or  assistant 
clerk  of  such  bureau  designated  by  the  Police  Board  to  perform 
such  duty ;  and  if  in  any  other  city,  by  the  Mayor  thereof,  or  by 
any  person  or  persons  designated  by  him  for  that  purpose ;  and 
all  of  said  officers,  and  every  clerk  or  person  so  designated  by 
them  or  him  for  that  purpose,  shall  be  and  is  hereby  authorized 
and  empowered  to  administer  such  oaths.  Every  person  so  sworn 
as  an  election  officer  shall  receive  a  certificate  of  appointment  and 
qualification,  signed  by  the  person  who  administered  the  oath,  in 
such  form  as  may  be  approved  by  the  board  or  officer  by  which 
or  whom  he  was  appointed,  and  specifying  the  capacity  and  the 
election  district  in  which  he  is  to  serve,  and  the  date  of  the  ex- 
piration of  his  term  of  office.  Any  election  officer  so  appointed 
may  be  removed  for  cause,  by  the  board  or  mayor  making  the 
appointment,  in  which  case  such  removal,  unless  made  while 
such  officer  is  actually  on  duty  on  the  day  of  registration,  re- 
vision of  registration  or  election,  and  for  improper  conduct  as 
an  election  officer,  shall  only  be  made  after  notice  in  writing  to 
the  officer  to  be  removed,  which  notice  shall  set  forth  clearly  and 
distinctly  the  reason  for  his  removal.  The  said  Board  of  Police 
may  delegate  to  the  Superintendent  of  Elections  of  The  City  of 
New  York,  and  to  the  chief  of  a  branch  bureau  of  elections,  the 

762 


power  to  remove  election  officers  for  cause,  on  any  day  of 
registration  or  election.  Any  election  officer  who  shall  at 
any  time  be  appointed  to  fill  a  vacancy,  which  fact  shall  be 
stated  in  the  certificate  of  appointment,  shall  hold  office  only 
during  the  unexpired  term  of  his  predecessor,  and  provided  that 
no  election  officer  shall  be  transferred  from  one  election  district 
to  another  after  he  has  entered  upon  the  performance  of  his 
duties.  The  chairman  of  each  board  of  inspectors  of  each 
election  district  shall,  within  twenty-four  hours  after  any  elec- 
tion, furnish  to  the  Mayor  or  board  appointing  such  officers,  if 
required  so  to  do  by  such  Mayor  or  board,  under  his  hand,  a 
certificate  stating  the  number  of  days  of  actual  service  of  each 
member  of  such  board,  the  names  of  the  persons  who  served  as 
poll  clerks  and  ballot  clerks  on  election  day,  and  the  number  of 
days  during  which  the  store  or  building  hired  for  registration 
and  election  purposes  was  actually  used  for  such  purposes.  Any 
person  acting  as  such  chairman,  who  shall  willfully  make  a  false 
certificate,  shall  be  deemed  guilty  of  a  misdemeanor.  Every  per- 
son appointed  as  an  election  officer,  failing  to  take  and  subscribe 
the  oath  of  office  as  hereinbefore  prov'ded,  or  who  shall  willfully 
neglect  or  refuse  to  discharge  the  duties  to  which  he  was  ap- 
pointed, shall,  in  addition  to  the  other  penalitie!>  prescribed  by 
law,  be  liable  to  a  fine  of  one  hundred  dollars,  to  be  sued  for 
and  recovered  by  the  Mayor  or  board  making  the  appointment 
in  a  court  of  record,  for  the  use  and  benefit  of  the  treasury  of 
such  city.  Any  election  officer  who,  being  removed  for  cause^ 
shall  fail  upon  demand  to  deliver  over  to  his  successor  the  regis- 
ter of  electors,  or  any  tally  sheets,  book,  paper,  memorandum 
or  document  relating  to  the  election  in  his  possession,  so  far  as 
he  has  made  it,  shall  be  liable  to  a  like  penalty  to  be  recovered  in 
a  like  manner  for  the  benefit  of  such  city.  All  persons  appointed 
and  serving  as  election  officers  on  each  of  the  days  of  registra- 
tion and  of  election  and  of  canvass  of  the  votes  in  cities  of  the 
first  class  shall  be  exempt  from  jury  duty  for  one  year  from  the 
date  of  the  general  election  at  which  they  serve. 

Sec.  6.     Section  eighteen  of  said  Act  is  hereby  amended  so 
as  to  read  as  follows : 

763 


Payment  of  election  expenses. 

§18.  The  expense  of  providing  polling  places,  voting  booths, 
supplies  therefor,  guard-rails  and  other  furniture  of  the  polling 
place,  and  distance  markers,  and  the  compensation  of  the  elec- 
tion officers  in  each  election  district,  shall  be  a  charge  upon  the 
town  or  city  in  which  such  election  district  is  situated,  except 
that  such  expenses  incurred  for  the  purpose  of  conducting  a 
village  election,  not  held  at  the  same  time  as  a  general  election, 
shall  be  a  charge  upon  the  village.  The  expense  of  printing 
and  delivering  the  official  ballots,  sample  ballots  and  cards  of 
instruction,  poll  books,  tally  sheets,  return  sheets  for  inspectors 
and  ballot  clerks,  and  distance  markers  to  be  used  at  a  town 
meeting,  city  or  village  elections  not  held  at  the  same  time  as  a 
general  election,  and  of  printing  the  list  of  nominations  therefor 
shall  be  a  charge  upon  the  town,  city  or  village  in  which  the 
election  is  held.  The  expense  of  printing  and  delivering  the 
official  ballots,  sample  ballots  and  cards  of  instruction,  poll  books, 
tally  sheets,  return  sheets  for  inspectors  and  ballot  clerks,  and 
distance  markers  to  be  used  in  any  county,  except  such  counties 
or  portions  thereof  as  are  included  within  The  City  of  New 
York,  at  any  other  election,  if  no  town  meeting,  city  or  village 
election  be  held  at  the  same  time  therewith,  and  of  printing 
the  lists  of  nominations  therefor,  shall  be  a  charge  upon  such 
county.  The  expense  of  printing  and  delivering  the  official 
ballots,  sample  ballots  and  cards  of  instruction,  poll  books, 
tally  sheets,  return  sheets  for  inspectors  and  ballot  clerks 
and  distance  markers,  to  be  used  in  any  such  county  at  any 
such  other  election,  and  of  printing  the  lists  of  nominations 
therefor,  if  the  town  meeting,  city  or  village  election  be  held  in 
such  county  at  the  same  time  therewith,  shall  be  apportioned  by 
the  county  clerk  between  such  town,  city  or  village  and  such 
county,  in  the  proportion  of  the  number  of  candidates  for  town, 
city  or  village  officers  on  such  ballots,  respectively,  to  the  whole 
number  of  candidates  thereon,  and  the  amount  of  such  expense 
so  apportioned  to  each  such  municipality  shall  be  a  charge  thereon. 
All  expenses  relating  to  or  connected  with  elections  lawfully  in- 
curred by  the  Police  Board  of  The  City  of  New  York,  shall  be  a 

764 


charge  on  such  city,  and  after  being  audited  by  the  proper  officer, 
shall  be  paid  by  the  Comptroller  of  said  city  upon  the  certificate  of 
such  board.  The  County  Clerk  of  each  county,  not  salaried,  shall 
be  paid  by  such  county  a  reasonable  compensation  for  his  services 
in  carrying  out  the  provisions  of  this  chapter,  to  be  fixed  by  the 
Board  of  Supervisors  of  the  County,  or  the  Board  acting  as  such 
Board  of  Supervisors.  The  Town  Clerk  of  each  town  shall  be 
paid  by  such  town  a  reasonable  compensation  for  his  services  in 
carrying  out  the  provisions  of  this  chapter,  to  be  fixed  by  the  other 
members  of  the  Town  Board  of  the  town.  Ballot  clerks,  and 
persons  acting  as  such,  shall  receive  the  same  compensation  for 
their  attendance  at  an  election,  as  inspectors  of  election  for  the 
election,  and  be  paid  in  like  manner.  Poll  clerks  shall  receive 
the  same  compensation  for  their  attendance  at  an  election  and 
canvass  of  the  votes  as  inspectors  of  election  and  shall  be  paid  in 
like  manner.  An  inspector  of  election,  except  in  The  City  of 
New  York,  lawfully  required  to  file  papers  in  the  county  clerk's 
office,  shall,  unless  he  resides  in  the  city  or  town  in  which  such 
office  is  situated,  be  entitled  to  receive  as  compensation  there- 
for five  dollars,  and  also  four  cents  a  mile  for  every  mile  actually 
and  necessarily  traveled  between  his  residence  and  such  County 
Clerk's  office  in  going  to  and  returning  from  such  office.  In  cities 
of  the  first  class,  the  persons  appointed  and  serving  as  inspectors 
of  election  shall  receive  five  dollars  for  the  hours  fixed  by  law 
for  each  day  of  registration,  and  of  revision  of  registration  for  a 
special  election,  and  five  dollars  for  the  hours  fixed  by  law  for  the 
election,  and  five  dollars  for  the  canvass  and  return  of  the  votes. 
The  poll  clerks  in  such  city  shall  each  receive  the  same  compen- 
sation as  inspectors  for  the  election  and  for  the  canvass  of  the 
votes,  and  the  ballot  clerks  shall  receive  five  dollars  each.  Such 
officers  shall  be  paid  by  the  Comptrollers  of  the  respective  cities 
upon  the  certificate  of  the  Board  appointing  them. 

Sec.  7.     Section  nineteen  of  said  Act  is  hereby  amended  so 
as  to  read  as  follows : 

Delivery  of  election  laws  to  clerks,  boards  a?id  election  officers. 

§19.     The  secretary  of  state  shall  at  least  sixty  days  before 
each  general  election  held  after  this  Act  takes  effect  cause  to  be 

765 


prepared  a  compilation  of  all  the  laws  relating  to  elections  in  cities, 
towns,  and  villages  then  in  force  with  annotations  and  explanatory- 
notes  and  blank  forms,  properly  indexed,  and  shall  procure  the 
same  to  be  printed  wherever  he  deems  it  desirable  for  the  best 
interests  of  the  State,  and  transmit  to  the  County  Clerk  of  each 
county,  except  New  York,  Kings  and  Richmond  Counties,  and 
to  the  Superintendent  of  Elections  located  in  the  Borough  of  Man- 
hattan and  to  the  Chief  of  the  branch  bureau  of  elections  in  each 
other  Borough  of  The  City  of  New  York  a  sufficient  number  of 
copies  thereof  to  furnish  one  such  copy  to  the  County  Clerk  and 
to  said  Superintendent  and  to  each  of  said  Chiefs  of  bureaus  of 
elections  and  one  to  each  town,  village  and  city  clerk  and  to  each 
election  officer  in  such  county  and  said  Boroughs,  together  with 
such  number  of  extra  copies  as  may  in  his  judgment  be  necessary 
to  replace  lost  or  mutilated  copies  before  delivery  thereof  to  elec- 
tion officers.  The  County  Clerk  of  each  county,  except  those 
counties  the  whole  of  which  are  included  within  The  City  of  New 
York,  shall  forthwith  transmit  one  of  such  copies  to  each  of  such 
officers  in  such  county,  and  not  in  The  City  of  New  York,  and 
said  Superintendent  and  the  chief  of  each  branch  bureau  of  elec- 
tions in  the  Boroughs  of  The  City  of  New  York  shall  forthwith 
transmit  one  of  such  copies  to  each  such  officer  in  his  Borough. 
Each  copy  so  received  by  each  such  officer  shall  belong  to  the 
office  of  the  person  receiving  it.  Every  incumbent  of  the  office 
shall  preserve  such  copy  during  his  term  of  office,  and  upon  the 
expiration  of  his  term  or  removal  from  office  deliver  it  to  his 
successor. 

Sec.  8.  Subdivision  three  of  section  thirty-two  of  said  Act 
is  hereby  amended  so  as  to  read  as  follows : 

Subdivision  3.  In  cities  of  the  first-class,  the  board  of  in- 
spectors of  each  election  district  shall,  immediately  after  the 
close  of  each  day  of  registration,  make  and  complete  one  list  of 
all  persons  enrolled  in  their  respective  districts,  in  the  numerical 
order  of  the  street  numbers  thereof  which  list  shall  be  signed  and 
certified  by  the  board  of  inspectors.  Such  list  shall  be  deliv- 
ered by  the  chairman  of  the  board  of  inspectors  to  the  police 
captain  of  the  precinct  in  which  the  election  district  is  located, 
or  an  officer  thereof,  who  shall  forthwith  deliver  the  same,  if  in 

766 


The  City  of  New  York,  to  the  Superintendent  of  Elections  as 
to  each  Election  District  in  the  Borough  of  Manhattan,  and 
to  the  Chief  of  the  branch  Bureau  of  Elections  of  each  other 
Borough  in  which  the  Election  District  is  located,  and  if  in 
the  city  of  Buffalo,  to  the  City  Clerk.  The  Police  Board  of 
The  City  of  New  York  and  the  City  Clerk  of  Buffalo  shall,  as 
soon  as  possible  after  the  delivery  of  such  lists  and  before  the 
day  of  election,  print  in  pamphlet  form  for  each  Assembly  Dis- 
trict or  Ward  within  such  respective  cities  not  less  than  fifty 
times  as  many  copies  of  said  lists  as  there  are  Election  Districts 
in  such  Assembly  District  or  Ward,  so  that  each  Assembly 
District  or  Ward  pamphlet  shall  contain  the  lists  of  the  several 
Election  Districts  in  such  Assembly  District  or  Ward.  Upon 
the  written  application  of  the  Chairman  of  the  Executive  Com- 
mittee of  the  County  Committee  of  any  political  party  entitled 
to  a  separate  column  upon  the  official  ballot  to  be  voted  in  such 
city  at  the  election  for  which  the  registration  is  made,  the  said 
Police  Board  and  said  City  Clerk  shall  respectively  deliver  to 
such  Chairman  five  copies  of  each  Assembly  District  or  Ward 
pamphlets  for  each  Election  District  within  such  Assembly 
District  or  Ward  in  such  County. 

Two  pamphlets  containing  the  lists  of  the  registered  persons  in 
the  Election  Districts  within  his  precinct  shall  be  furnished  to 
each  police  captain  in  such  cities  and  it  shall  be  the  duty  of  such 
police  captains  to  cause  an  investigation  of  each  name  registered 
therein  to  be  made  and  to  report  to  his  commanding  officer  any 
case  of  false  registration  found  in  his  precinct. 

The  remaining  pamphlets  so  printed  shall  be  distributed 
in  the  discretion  of  the  said  Police  Board  and  said  City  Clerk 
who  shall  have  respectively  the  power  to  charge  for  each  pamph- 
let a  sum  not  exceeding  ten  cents  a  copy  and  any  moneys  result- 
ing from  the  sale  thereof  shall  be  paid  to  the  Comptroller  of  the 
city  for  the  benefit  of*'the  treasury  of  such  city.  Such  lists  shall 
be  made  and  printed  as  near  as  may  be  in  the  following  form, 
to  wit : 

GRAND  STREET. 
Residence  number, 

or    other    designation.  Name  of  voter. 

14.  Smith,  John  M. 

15.  Jones,  Charles  M. 

767 


Sec.   9.      Subdivision  two  of  section  thirty-five  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows : 


Subdivision  2.  The  register  of  electors  made  by  the  chair- 
man of  the  board  of  inspectors  shall  be,  and  shall  be  known,  as 
the  public  copy  of  registration.  Such  public  copy  shall  be  left 
in  a  prominent  position  in  the  place  of  registration  from  the  first 
day  of  registration  until  election  day,  and  shall  at  all  reasonable 
times  be  open  to  public  inspection  and  for  making  copies  there- 
of. Each  other  inspector  shall  carefully  preserve  his  register  of 
electors  and  shall  be  responsible  therefor,  until  the  close  of  the 
canvass  of  the  votes  on  election  day,  except  as  hereinafter  pro- 
vided for  in  cities  of  the  first  class.  At  the  close  of  each  day  of 
registration,  the  inspectors  shall  draw  a  line  in  ink  immediately 
below  the  name  of  the  elector  last  entered  upon  each  page  of 
each  such  register.  Upon  the  succeeding  day  of  registration, 
they  shall  enter  the  names  of  electors  in  the  alphabetical  order 
of  the  first  letter  of  the  surname  below  the  line  so  drawn  upon 
the  proper  page  after  the  close  of  the  previous  day  of  registration. 
Upon  the  close  of  the  last  day  of  registration,  the  inspectors  shall 
again  carefully  compare  all  the  books  of  registration,  to  see  that 
they  are  identical  as  to  their  contents,  and  (after  making  and 
completing  the  separate  list  of  the  electors  in  cities  of  the 
first  class,  as  provided  in  subdivision  three  of  section  thirty-two 
of  the  election  law),  shall  certify  as  a  board  in  the  proper  place 
provided  therefor  upon  each  such  register  that  such  register  is  a 
true  and  correct  register  of  the  persons  enrolled  by  them  in  such 
district  for  the  next  ensuing  election,  and  shall  state  the  whole 
number  of  such  persons  so  enrolled.  In  cities  of  the  first  class, 
at  the  close  of  the  last  day  of  registration,  the  chairman  of  the 
board  of  inspectors  shall  take  from  an  inspector  of  opposite 
political  faith  from  himself,  the  register  of  electors  made  by  such 
inspector  and  shall  file  the  same  on  the  Monday  after  the  last 
day  of  registration,  if  in  The  City  of  New  York  with  the  chief  of 
the  bureau  of  elections  of  the  Borough  in  which  the  election 
district  is  located,  and  if  in  the  city  of  Buffalo  with  the 
City  Clerk.     Such  register  so  filed,  shall  be  a  part  of  the  records 

768 


of  the  offices  in  which  it  is  filed.  The  two  other  inspectors  of 
opposite  political  faith  from  each  other  sha-ll  each  retain  their 
respective  registers  of  electors  for  use  on  d^ection  day.  All 
registers  of  electors  shall  at  all  reasonable  h®urs  be  accessible  for 
public  examinations  and  making  copies  thereof,  and  no  charge 
of  any  kind  shall  be  made  for  such  examination  or  for  any  elector 
making  a  copy  thereof.  In  cities  of  the  first  class  the  public 
copy  of  registration  shall  be  used,  if  necessary,  on  election  day 
by  the  inspector  whose  register  was  filed  as  herein  provided  by 
said  chairman.  Any  person  who  shall  alter,  mutilate,  destroy 
or  remove  from  the  place  of  registration  the  public  copy  of  such 
registration,  shall  be  guilty  of  a  felony,  and  shall  be  punished 
upon  conviction  thereof  by  imprisonment  in  a  state  prison  for 
not  less  than  two  nor  more  than  five  years,  unless  otherwise 
provided  by  law.  If,  in  cities  of  the  first  class,  the  board  of  in- 
spectors shall  meet  on  the  second  Saturday  before  the  election 
for  the  purpose  of  revising  and  correcting  the  register  of  electors 
in  pursuance  of  an  order  of  the  Supreme  Court,  a  justice  thereof 
or  a  county  judge,  as  provided  in  section  thirty-one  of  the  elec- 
tion law,  the  inspectors  shall  certify  forthwith  to  the  officer 
with  whom  the  copy  of  the  register  is  filed,  the  change  or 
changes  made  upon  such  register  in  pursuance  of  such  order. 
At  any  revision  of  registration  for  an  election  other  than  a  gen- 
eral election,  the  quadruplicate  register  of  electors  for  the  last 
preceding  general  election  shall  be  furnished  to  the  inspectors  of 
election  by  the  officer  or  board  having  the  custody  thereof,  and 
the  inspectors  shall  certify  to  the  officer  or  board  in  cities  of  the 
first  class  with  whom  the  registers  are  filed,  the  changes,  ad- 
ditions or  alterations  made  in  such  registers  for  such  election.  In 
the  cities  of  the  first  class  at  the  close  of  the  canvass  of  the  votes 
of  any  election,  or  within  twenty-four  hours  thereafter  the  two 
copies  of  the  register  of  electors  used  by  the  inspectors  and  the 
public  copy  thereof  shall  be  filed  respectively  with  the  chief  of  the 
Bureau  of  Elections  in  the  Borough  of  The  City  of  New  York, 
in  which  the  election  district  is  located,  and  with  the  City 
Clerk  of  Buffalo.  In  all  election  districts  other  than  in  cities  of 
the  first  class,  one  copy  of  the  register  used  on  election  day  by 
the  inspectors  shall  within  twenty-four  hours  after  the  close  of 

769 


the  election  be  filed  in  the  office  of  the  Town  or  City  Clerk  of 
the  town  or  city  in  which  such  election  district  is,  and  the  other 
copies  with  the  County  Clerk,  Such  register  of  electors  shall  be 
carefully  preserved  for  use  at  any  election  which  may  be  ordered 
or  held  in  either  of  such  counties  or  cities,  respectively,  prior  to 
the  next  ensuing  general  election,  at  which  they  may  be  re- 
quired. 

Sec.   10.     Subdivision  one  of  section  thirty-six  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows : 

Delivery   of  blank  books  for  registration,  certificates  and  instruct- 
ions. 

§36.  Subdivision  1.  The  secretary  of  state  shall  purchase 
wherever  he  deems  it  desirable  for  the  best  interests  of  the 
state,  a  suitable  number  of  blank  books  for  register  of  elec- 
tors, with  blank  certificates  and  brief  instructions  for  register- 
ing the  names  of  electors  therein,  in  the  forms  respectively 
provided  in  subdivisions  one  and  two  of  section  thirty-two 
of  the  election  law,  at  least  four  of  such  books  for  each  Board 
of  Inspectors  in  the  state,  and  such  number  of  extra  copies 
thereof  as  in  his  judgment  may  be  necessary  for  each  county 
or  city  to  replace  lost  or  damaged  registers  before  delivery 
to  the  inspectors.  Such  register  of  electors  shall  have  the 
leaves  thereof  indexed  with  the  letters  of  the  alphabet,  be- 
ginning with  the  letter  "A"  for  the  first  leaf,  and  so  on.  He 
shall  transmit  such  registers,  certificates  and  instructions  to  the 
County  Clerk  of  each  county,  except  those  counties  the  whole  of 
which  are  included  within  The  City  of  New  York;  to  each  such 
CountyClerk  a  sufficientnumberthereof  forthe  useof  theBoards  of 
Inspectorswithin  his  countyand  not  within  The  City  of  New  York, 
and  to  the  Superintendent  of  Elections  of  The  City  of  New  York, 
located  in  the  Borough  of  Manhattan,  and  to  the  chief  of  thebranch 
bureau  of  elections  in  each  other  Borough  within  The  City  of  New 
York  a  sufficient  number  thereof  for  the  use  of  each  Board  of  In- 
spectors within  said  respective  boroughs  at  least  twenty  days  prior 
to  the  first  day  of  registration  for  a  general  election  in  each  year. 
The  County  Clerk  shall  deliver  such  books  to  the  town  clerks  of  each 
town,  and  to  the  city  clerk  of  each  city  in  such  county,  by  mail  or 

770 


otherwise,  at  least  five  days  prior  to  the  first  day  of  registration, 
and  such  town  clerks  and  city  clerks,  and  the  said  Superintendent 
and  Chiefs  of  Bureaus  of  Elections  in  the  City  of  New  York  shall 
deliver  such  books  to  the  inspectors  of  said  Boroughs,  respectively, 
before  the  hour  set  for  registering  the  names  of  electors  on  the  first 
day  of  registration.  On  the  last  day  of  registration,  the  Police 
Board  of  The  City  of  New  York,  and  the  city  clerk  of  Buffalo  shall 
furnish  to  each  Board  of  Inspectors  in  their  respective  cities,  blanks 
for  the  list  of  electors  provided  for  in  subdivision  three  of  section 
thirty-two  of  the  election  law. 

Sec.  11.  Section  fifty-eight  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows: 

Places  of  filing  certificates  of  nomination. 

§58.  Certificates  of  nomination  of  candidates  for  office  to  be 
filled  by  the  electors  of  the  entire  State,  or  of  any  division 
or  district  greater  than  a  county,  shall  be  filed  with  the  sec- 
retary of  state,  except  that  each  certificate  of  nomination  of 
a  candidate  for  member  of  assembly  for  the  assembly  district 
composing  the  counties  of  Fulton  and  Hamilton,  shall  be 
filed  in  the  office  of  the  county  clerk  of  Fulton  county,  and 
a  copy  thereof  certified  by  the  county  clerk  of  Fulton  county, 
shall  be  filed  in  the  office  of  the  county  clerk  of  Hamilton 
county,  so  long  as  the  said  counties  constitute  one  assembly 
district,  and  except  that  certificates  of  nomination  of  candi- 
dates for  offices  to  be  filled  only  by  the  electors  or  a  portion  of 
the  electors  of  The  City  of  New  York  shall  be  filed  with  the 
Police  Board  of  The  City  of  New  York,  in  the  office  of 
the  Superintendent  of  Elections.  Certificates  of  nomination 
of  candidates  for  offices  to  be  filled  only  by  the  votes  of 
electors,  part  of  whom  are  of  New  York  City,  and  part  of 
whom  are  of  a  county  not  wholly  within  The  City  of  New  York, 
shall  be  filed  with  the  Clerk  of  such  county  in  the  office  of  the 
Superintendent  of  Elections  and  with  the  Police  Board  of 
said  city.  Certificates  of  nomination  of  candidates  for  offices 
of  any  other  city,  or  for   officers   of   a  village   or   town   to   be 

771 


elected  at  a  different  time  from  a  general  election,  shall  be  filed 
with  the  clerk  of  such  city,  village  or  town,  respectively.  All  other 
certificates  of  nomination  shall  be  filed  with  the  clerk  of  the  county 
in  which  the  candidates  so  nominated  are  to  be  voted  for.  All 
certificates  and  corrected  certificates  of  nomination,  all  objections 
to  such  certificates  and  all  declination  of  nominations  are  hereby 
declared  to  be  public  records ;  and  it  shall  be  the  duty  of  every 
officer  or  board  to  exhibit  without  delay,  every  such  paper  or 
papers  to  any  person  who  shall  request  to  see  the  same.  It  shall 
also  be  the  duty  of  each  such  officer  or  board  to  keep  a  book 
a^hich  shall  be  open  to  public  inspection,  in  which  shall  be  cor- 
rectly recorded  the  names  of  all  candidates  nominated  by  cer- 
tificates filed  in  the  office  of  such  officer  or  board,  or  certified 
thereto,  the  title  of  the  office  for  which  any  such  nomination  is 
made,  the  political  or  other  name  and  emblem  of  the  political 
party  or  independent  body  making  such  nomination ;  and  in 
which  shall  also  be  stated  all  declinations  of  nominations  or  ob- 
jections to  nominations,  and  the  time  of  filing  each  of  the  said 
papers. 

Sec.  12.  Section  fifty-nine  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows : 

The  times  of  filing  certificates  of  nomination, 

§59.  The  different  certificates  of  nomination  shall  be  filed 
within  the  following  periods  before  the  election  for  which 
the  nominations  are  made  to  wit :  Those  required  to  be  filed 
with  the  secretary  of  state,  if  party  nominations,  at  least  thirty 
and  not  more  than  forty  days ;  if  independent  nominations,  at 
least  twenty-five  and  not  more  than  forty  days ;  those  required 
to  be  filed  with  a  county  clerk,  or  the  Police  Board  of  The  City 
of  New  York,  or  with  the  city  clerk  of  any  other  city,  if  party 
nominations,  at  least  twenty-five  and  not  more  than  thirty-five 
days ;  if  independent  nominations,  at  least  twenty,  and  not  more 
than  thirty-five  days ;  those  required  to  be  filed  with  a  town  or 
village  clerk,  if  party  nominations,  at  least  fifteen  and  not  more 
than  twenty  days ;  if  independent  nominations,  at  least  ten  and 
not  more  than  twenty  days.  In  case  of  a  special  election  ordered 
by  the  governor  under  the  provisions  of  section  four  of  the  elec- 

772 


tion  law,  the  certificates  of  nominations  for  the  office  or  offices 
to  be  filled  at  such  special  election  shall  be  filed  with  the  proper 
officer  or  board  not  less  than  fifteen  days  before  such  special 
election. 

Sec.  13.  Section  sixty  of  said  act  is  hereby  amended  so  as 
to  read  as  follows : 

Certification  of  nominations  by  Secretary  of  State. 

§60.  The  secretary  of  state  shall,  fourteen  days  before  the 
election,  certify  to  the  county  clerk  of  each  county,  except  those 
counties  the  whole  of  which  are  within  The  City  of  New  York, 
aijd  to  the  Police  Board  of  The  City  of  New  York,  the  name, 
residence  and  place  of  business,  if  any,  of  each  candidate  nomi- 
nated in  any  certificate  so  filed  for  whom  the  electors  of  any  such 
county  or  said  city,  respectively,  may  vote,  the  title  of  the  office 
for  which  he  is  nominated,  the  party  or  other  political  name 
specified  in  such  certificate,  and  the  emblem  or  device  chosen  to 
represent  and  distinguish  the  candidates  of  the  political  party  or 
independent  body  making  such  nominations. 

Sec.  14.  Section  sixty-one  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows : 

Publication  of  nominations, 

§61.  At  least  six  days  before  an  election  to  fill  any  public 
office,  the  county  clerk  of  each  county,  except  those  counties  which 
are  wholly  within  The  City  of  New  York,  shall  cause  to  be  pub- 
lished in  not  less  than  two  or  more  than  four  newspapers  within 
such  county,  a  list  of  all  nominations  of  candidates  for  offices 
to  be  filled  at  such  election,  certified  to  such  clerk  by  the 
secretary  of  state,  or  filed  in  the  office  of  such  clerk.  The 
Police  Board  of  The  City  of  New  York  shall,  within  the  same 
time  before  an  election  to  fill  any  public  office,  cause  to  be  pub- 
lished in  not  less  than  two,  nor  more  than  four  newspapers  pub- 
lished in  each  county  wholly  or  partly  within  such  city  a  list  of 
the  nominations  of  candidates  for  offices  to  be  voted  for  at  such 
election  in  such  counties  respectively,  which  were  certified  to 
such  Board   by  the  Secretary  of    State,  or  filed    in    the  office    of 

773 


such  Board.  Such  publication  shall  contain  the  name  and 
residence,  and  if  in  a  city,  the  street  number  of  the  residence 
and  place  of  business,  if  any,  and  the  party  or  other  designation 
of  each  candidate,  the  office  for  which  he  was  nominated,  speci- 
fying the  political  division  in  which  he  is  to  be  voted  for, 
and  a  fac-simile  of  the  emblems  or  devices  selected  and 
designated  as  prescribed  by  the  fifty-sixth  and  fifty-seventh 
sections  of  this  Act,  to  represent  and  distinguish  the  can- 
didates of  the  several  political  parties  or  independent  bodies. 
The  city  clerk  of  each  city,  except  New  York,  and  the  police 
board  in  said  city,  shall  at  least  six  days  before  an  election  of 
city  officers  thereof,  held  at  a  different  time  from  a  general  election, 
cause  like  publication  to  be  made  as  to  candidates  for  offices  to 
be  filled  at  such  city  election  in  a  like  number  of  newspapers  pub- 
lished in  said  city.  One  of  such  publications  shall  be  made  in 
a  newspaper  which  advocates  the  principles  of  the  political  party 
that,  at  the  last  preceding  election  for  governor,  cast  the  largest 
number  of  votes  in  the  State  for  such  office ;  and  another  of  such 
publications  shall  be  made  in  a  newspaper  which  advocates  the 
principles  of  the  political  party  that  at  the  last  preceding  elec- 
tion for  governor  cast  the  next  largest  number  of  votes  in  the 
State  for  such  office.  The  clerk  or  board,  in  selecting  the  papers 
for  such  publications,  shall  select  those  which,  according  to  the 
best  information  he  can  obtain,  have  a  large  circulation  within 
such  county  or  city.  In  making  additional  publications,  the 
clerk  or  board  shall  keep  in  view  the  object  of  giving  informa- 
tion, so  far  as  possible,  to  the  voters  of  all  political  parties ;  and 
in  no  event  shall  additional  publications  be  made  in  two  news- 
papers representing  the  same  political  party.  The  clerk  or 
board  shall  make  such  publication  twice  in  each  newspaper  so 
selected  in  a  county  or  city  in  which  daily  newspapers  are  pub- 
lished ;  but  if  there  be  no  daily  newspaper  published  within  the 
county,  one  publication  only  shall  be  made  in  each  of  such 
newspapers.  Should  the  county  clerk  find  it  impracticable  to 
make  the  publication  six  days  before  election  day  in  counties 
where  no  daily  newspaper  is  printed,  he  shall  make  the  same 
at  the  earliest  possible  day  thereafter,  and  before  the  election. 


774 


Sec.  15.  Section  sixty-two  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows : 

Lists  for  town  clerks  and  aldermen, 

§62.  The  county  clerk  of  each  county,  except  those  counties 
which  are  wholly  within  The  City  of  New  York,  shall  at  least  six 
days  before  election  day,  send  to  the  town  clerk  of  each  town,  and 
to  an  alderman  of  each  ward  in  any  city  in  the  county,  at  least  five 
and  not  more  than  ten  printed  lists  for  each  election  district  in 
such  town  or  ward,  containing  the  name  and  residence,  and  if  in 
a  city,  the  street  number  of  residence,  and  place  of  business,  if 
any,  and  the  party  or  other  designation,  and  also  a  fac-simile  of 
the  emblem  or  device  of  each  political  party,  or  independent 
body  nominating  candidates  to  be  voted  for  by  the  electors  of 
the  respective  towns  and  wards.  Such  lists  shall,  at  least  three 
days  before  the  day  of  election  be  conspicuously  posted  by  such 
town  clerk  or  alderman  in  one  or  more  public  places  in  each  elec- 
tion district  of  such  town  or  ward,  one  of  which  shall  be  at  each 
polling  place. 

Sec.  16.  Section  sixty-four  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows : 

Declination  of  nomination. 

§64.  The  name  of  a  person  nominated  for  any  office  shall  not 
be  printed  on  the  official  ballot  if  he  notifies  the  officer  with  whom 
the  original  certificate  of  his  nomination  is  filed,  in  a  writing 
signed  by  him  and  duly  acknowledged,  that  he  declines  the 
nomination,  or  if  nominated  by  more  than  one  political  party,  or 
independent  body,  the  name  of  a  person  so  nominated  shall 
not  be  printed  on  the  ticket  of  a  party  or  independent  body 
whose  nomination  he  shall  in  like  manner  decline.  If  the  decli- 
nation be  of  a  party  nomination  filed  with  the  Secretary  of  State, 
such  notification  shall  be  given  at  least  twenty-five  days,  and  if 
an  independent  nomination,  at  least  twenty  days  before  the 
election.  If  the  declination  be  of  a  party  nomination  filed  with 
a  County  Clerk  or  the  Police  Board  of  The  City  of  New 
York,     or    with    the    City    Clerk    of     any    other    city,     such 

775 


notification  shall  be  given  at  least  twenty  days,  and  if  of  an  in- 
dependent nomination,  at  least  eighteen  days  before  the  election. 
If  the  declination  be  of  a  party  nomination  filed  with  a  town  or 
village  clerk,  such  notification  shall  be  given  at  least  ten  days, 
and  if  of  an  independent  nomination,  at  least  seven  days  before 
the  election.  The  officer  to  whom  such  notification  is  given, 
shall  forthwith  inform  by  mail  or  otherwise,  the  committee,  if 
any,  appointed  on  the  face  of  such  certificate  as  permitted  by 
sections  fifty-six  and  fifty-seven  of  this  Act,  and  otherwise  one  or 
more  persons  whose  names  are  attached  to  such  certificate,  that 
the  nomination  conferred  by  such  certificate  has  been  declined, 
and  if  such  declination  be  filed  with  the  Secretary  of  State,  such 
officer  shall  also  give  immediate  notice  by  mail  or  otherwise,  that 
such  nomination  has  been  declined,  to  the  several  Cownty  Clerks 
or  other  officers,  authorized  by  law  to  prepare  official  ballots  for 
election  districts  affected  by  such  declination. 

Sec.  17.  Subdivision  one  of  section  sixty-six  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows : 

Filling  vacancies  in  nonmiations,  and  correction  of  certificate. 

§66,  Subdivision  1 .  If  a  nomination  is  duly  declined,  or  a  can- 
didate regularly  nominated  dies  before  election  day,  or  is  found  to 
be  disqualified  to  hold  the  office  for  v/hich  he  is  nominated,  or  it 
any  certificate  of  nomination  is  found  to  be  defective  but  not 
wholly  void,  the  committee  appointed  on  the  face  of  such  cer- 
tificate of  nomination,  as  permitted  by  sections  fifty-six  and 
fifty-seven  of  this  Act,  may  make  a  new  nomination  to  fill  the 
vacancy  so  created,  or  may  supply  such  defect,  as  the  case  may 
be,  by  making  and  filing  with  the  proper  officer  a  certificate 
setting  forth  the  cause  of  the  vacancy  or  the  nature  of  the  defect, 
the  name  of  the  new  candidate,  the  title  of  the  office  for  which 
he  is  nominated,  the  name  of  the  original  candidate,  the  name 
of  the  political  party  or  other  nominating  body  which  was  in- 
scribed on  the  original  certificate,  and  such  further  information 
as  is  required  to  be  given  by  an  original  certificate  of  nomination  : 
except  that  where  a  certificate  is  filed  pursuant  to  this  section  to 
fill  a  vacancy  it  shall  not  be  lawful   to  select  a  new  emblem  or 

776 


device,  but  the  emblem  or  device  chosen  to  represent  or  dis- 
tinguish the  candidate  nominated  by  the  original  certificate 
shall  be  used  to  represent  and  distinguish  the  candidate  nom- 
inated, as  provided  by  this  section.  The  certificate  so  made 
shall  be  subscribed  and  acknowledged  by  a  majority  of  the 
members  of  the  committee,  and  the  members  of  the  committee 
subscribing  the  same  shall  make  oath  before  the  ofificer  or 
officers  before  whom  they  shall  severally  acknowledge  the  exe- 
cution of  the  said  certificate  that  the  matters  therein  stated 
are  true  to  the  best  of  their  information  and  belief.  Except  in 
a  case  as  provided  for  in  subdivision  two  of  this  section,  the  said 
certificate  shall  be  filed  in  the  office  in  which  the  original  cer- 
tificate was  filed,  at  least  six  days  before  the  election,  if  filed  in 
the  ofifice  of  a  town  or  village  clerk ;  at  least  fifteen  days  before 
the  election  if  filed  with  the  County  Clerk  or  the  Police  Board 
of  The  City  of  New  York,  or  the  City  Clerk  of  any  other  city ; 
and  at  least  fifteen  days  if  filed  with  the  Secretary  of  State,  and 
upon  being  so  filed  shall  have  the  same  force  and  effect  as  an 
original  certificate  of  nomination.  When  such  certificate  is  filed 
with  the  Secretary  of  State,  he  shall,  in  certifying  the  nomination 
to  the  various  county  clerks  and  other  officers,  insert  the  name 
of  the  person  who  has  been  nominated  as  prescribed  by  this 
section,  instead  of  that  of  the  candidate  nominated  by  the  orig- 
inal certificate,  or,  if  he  has  already  sent  forward  his  certificate, 
he  shall  forthwith  certify  to  the  proper  clerks  and  other  officer, 
the  name  of  the  person  nominated  as  prescribed  by  this  section, 
and  such  other  facts  as  are  required  to  be  stated  in  a  certificate 
filed  pursuant  to  this  section.  When  no  nomination  shall  have 
been  originally  made  by  a  political  party,  or  by  an  independent 
body  for  an  office,  or  where  a  vacancy  shall  exist,  it  shall  not  be 
lawful  for  any  committee  of  such  party  or  independent  body  au- 
thorized to  make  nominations,  or  to  fill  vacancies,  to  nominate 
or  substitute  the  name  of  a  candidate  of  another  party,  or  inde- 
pendent body  for  such  office ;  it  being  the  intention  of  this  Act 
that  when  a  candidate  of  one  party  is  nominated  and  placed  on 
the  ticket  of  another  party  or  independent  body,  such  nomination 
must  be  made  at  the  time  and  in  the  manner  provided  for  making 
original  nominations  by  such  party  or  independent  body. 

777 


Sec.  18.  Section  eighty-six  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows : 

Officers  providing  ballots  and  stationery. 

§86.  The  clerk  of  each  county,  except  those  counties  the 
whole  of  which  are  within  The  City  of  New  York,  shall  pro- 
vide the  requisite  number  of  official  aid  sample  ballots,  cards  of 
instruction,  two  poll-books,  distance  markers,  two  tally  sheets, 
inspectors*  and  ballot  clerks*  return  sheets  (three  of  each  kind, 
and  one  of  each  to  be  marked  "original"),  pens,  penholders, 
ink,  pencils  having  black  lead,  blotting  paper,  sealing  wax  and 
such  other  articles  of  stationery  as  may  be  necessary  for  the 
proper  conduct  of  the  election,  and  the  canvass  of  the  votes,  for 
each  election  district  in  such  county  and  not  within  The  City  of 
New  York,  for  each  election  to  be  held  thereat,  except  that 
when  town  meetings,  city  or  village  elections  and  elections  for 
school  officers  are  not  held  at  the  same  time  as  a  general  election 
the  clerk  of  such  town,  city  or  village,  respectively,  shall  pro- 
vide such  official  and  sample  ballots  and  stationery  for  such  elec- 
tion or  town  meeting.  And  the  Police  Board  of  The  City  of 
New  York  shall  provide  such  articles  for  each  election  to  be  held 
in  said  city.  Each  officer  or  board  charged  with  the  duty  of 
providing  official  ballots  for  any  polling  place,  shall  have  sample 
ballots  and  official  ballots  provided,  and  in  the  possession  of  such 
officer  or  board,  and  open  to  public  inspection  as  follows :  The 
sample  ballots  five  days  before  the  election,  and  the  official  bal- 
lots four  days  before  the  election  for  which  they  are  prepared, 
unless  prepared  for  a  village  election  or  town  meeting  held  at  a 
different  time  from  a  general  election,  in  which  case  the  official 
ballot  shall  be  so  printed  and  in  possession  at  least  one  day,  and 
the  sample  ballots  at  least  two  days  before  such  election  or  town 
meeting.  During  the  times  within  which  the  same  are  open  for 
inspection  as  aforesaid,  it  shall  be  the  duty  of  the  officer  or  board 
charged  by  law  with  the  duty  of  preparing  the  same,  to  deliver 
a  sample  ballot  of  the  kind  to  be  voted  in  his  district  to  each 
qualified  elector  who  shall  apply  therefor,  so  that  each  elector 
who  may  desire  the  same  may  obtain  a  sample  ballot,  similar 
except  as  regards  color  and  the  number  on  the  stub,  to  the  offi- 

778 


[UFIVBRSIITT 

cial  ballot  to  be  voted  at  the  polling  place  at  which  he  is  entitled 
to  vote. 

Sec.  19.  Section  eighty-seven  of  said  Act  is  hereby  amended 
so  as  to  read  as  follows : 

Distribution  of  ballots  and  stationery. 

§87.  The  county  clerk  of  each  county  except  those  coun- 
ties which  are  wholly  within  The  City  of  New  York,  shall 
deliver  at  his  ofifice  to  each  town  or  city  clerk  in  such  county, 
except  in  New  York  City,  on  the  Saturday  before  the  election 
at  which  they  may  be  voted,  the  official  and  sample  ballots, 
cards  of  instructions  and  other  stationery  required  to  be  provided 
for  each  polling  place  in  such  town  or  city  for  such  election.  It 
is  hereby  made  the  duty  of  each  such  town  or  city  clerk  to  call 
at  the  office  of  such  county  clerk  at  such  time  and  receive  such 
ballots  and  stationery.  In  The  City  of  New  York  the  board 
required  to  provide  such  ballots  and  stationery  shall  cause  them 
to  be  delivered  to  the  Board  of  Inspectors  of  each  election  dis- 
trict at  least  one-half  hour  before  the  opening  of  the  polls  on 
each  day  of  election.  Each  kind  of  official  ballots  shall  be 
arranged  in  a  package  in  the  consecutive  order  of  the  num- 
bers printed  on  the  stubs  thereof,  beginning  with  number  one. 
All  official  and  sample  ballots  provided  for  such  election  shall  be 
in  separate  sealed  packages,  clearly  marked  on  the  outside 
thereof  with  the  number  and  kind  of  ballots  contained  therein 
and  indorsed  with  the  designation  of  the  election  district  for 
which  they  were  prepared.  The  instruction  cards  and  other  sta- 
tionery provided  for  each  election  district  shall  also  be  enclosed 
in  a  sealed  package  or  packages  with  a  label  on  the  outside 
thereof  showing  the  contents  of  each  such  package.  Each  such 
town  and  city  clerk  receiving  such  packages  shall  cause  all  such 
packages  so  received  and  marked  for  any  election  district  to  be 
delivered  unopened  and  with  the  seals  thereof  unbroken  to  the 
inspectors  of  election  of  such  election  district  one-half  hour 
before  the  opening  of  the  polls  of  such  election  therein.  The 
inspectors  of  election  receiving  such  packages  shall  give  to  such 
town  or  city  clerk,  or  board,  delivering  such  packages  a  receipt 

779 


therefor  specifying  the  number  and  kind  of  packages  received  by 
them,  which  receipt  shall  be  filed  in  the  office  of  such  clerk  or 
board.  Town,  city  and  village  clerks  required  to  provide  the 
same  for  town  meetings,  city  and  village  elections  held  at  differ- 
ent times  from  a  general  election,  and  the  board  of  The  City  of 
New  York  required  to  provide  the  same  for  elections  held  therein, 
respectively,  shall  in  like  manner,  deliver  to  the  inspectors  or 
presiding  officers  of  the  election  at  each  polling  place  at  which 
such  meetings  and  elections  are  held,  respectively,  the  official 
ballots,  sample  ballots,  instruction  cards  and  other  stationery 
required  for  such  election  or  town  meeting,  respectively,  in  like 
sealed  packages  marked  on  the  outside  in  like  manner,  and  shall 
take  and  file  receipts  therefor  in  like  manner  in  their  respective 
offices. 

Sec.  20.  Section  one  hundred  and  thirteen  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows : 

Delivery  and  filing  of  papers  relating  to  the  election. 

§113.  Subdivision  1.  If  the  election  be  other  than  an  elec- 
tion of  town,  city,  village  or  school  officers,  held  at  a  different  time 
from  a  general  election,  the  chairman  of  the  board  of  inspectors  of 
each  election  district,  except  in  The  City  of  New  York,  shall  forth- 
with, upon  the  completion  of  such  certified  original  statement  of 
the  result,  deliver  one  certified  copy  thereof  to  the  supervisor  of  the 
town  in  which  the  election,  if  outside  of  a  city,  is  situated,  and  if  in 
a  city,  to  one  of  the  supervisors  of  said  city.  If  there  be  no  super- 
visor, or  he  be  absent  or  unable  to  attend  the  meeting  of  the 
county  board  of  canvassers,  such  certified  copy  shall  be  forthwith 
delivered  to  an  assessor  of  such  town  or  city.  One  certified  copy 
of  such  original  statement  of  the  result  of  the  canvass,  the  poll- 
books  of  such  election,  and  one  of  the  tally  sheets,  shall  be 
forthwith  filed  by  such  inspectors,  or  by  one  of  them  deputed 
for  that  purpose,  with  the  town  clerk  of  such  town,  or  the  city 
clerk  of  <iuch  city,  as  the  case  may  be.  The  original  certified 
statement  of  the  result  of  the  canvass,  with  the  original  ballot 
returned,  prepared  by  the  ballot  clerk,  attached,  the  sealed  pack- 
age of  void  and    protested  ballots,  the  record  as  to  challenged 

780 


and  assisted  voters,  and  the  sealed  packages  of  detached  stubs 
and  unvoted  ballots,  and  one  of  the  tally  sheets  shall,  within 
twenty-four  hours  after  the  completion  of  such  canvass,  be  filed 
by  the  chairman  of  the  board  of  inspectors,  with  the  County 
Clerk  of  the  county  in  which  the  election  district  is  situated. 
The  register  of  electors  and  public  copy  thereof  shall  be  filed  as 
prescribed  in  section  thirty-five  of  this  Act. 

Subdivision  2.  In  The  City  of  New  York,  the  original  state- 
ment of  canvass  and  the  sealed  package  of  void  and  protested 
ballots  shall  be  filed  by  the  chairman  of  the  board  of  inspectors 
within  twenty-four  hours  after  the  completion  of  the  canvass, 
with  the  County  Clerk  of  the  County  within  which  the  election 
district  is  located,  together  with  one  of  the  poll-books,  and  one 
of  the  tally  sheets,  properly  certified  by  the  poll  clerks.  One 
certified  copy  of  such  original  statement,  one  poll-book  and  one 
tally  sheet  shall  be  filed  within  such  time  with  the  Superintend- 
ent of  Elections  and  with  the  chief  of  the  Branch  Bureau 
of  Elections,  as  the  case  may  be,  in  the  Borough  with- 
in which  the  election  district  is  located  by  an  inspector 
designated  by  the  board  of  inspectors  for  that  duty,  and 
the  other  certified  copy  of  such  original  statement  with 
the  City  Clerk,  by  an  inspector  designated  by  the  board  of 
inspectors  for  that  duty.  In  election  districts  in  The  City 
of  New  York,  the  boards  of  inspectors  of  election  must,  at  the  same 
time  they  make  and  sign  the  aforesaid  original  statement  and  cer- 
tified copies  thereof,  make  a  certified  copy  of  so  much  thereof  as 
relates  to  any  candidate  for  member  of  assembly,  senator,  or  rep- 
resentative in  congress,  voted  for  in  said  election  district,  and 
also  in  any  part  of  any  county  not  within  The  City  of  New  York, 
and  such  certified  copy  must,  within  twenty-four  hours  after  the 
completion  of  the  canvass  by  the  inspectors,  be  filed  by  the  chair- 
man of  the  board  of  inspectors,  with  the  clerk  of  the  county  out- 
side of  The  City  of  New  York  of  which  such  officers  or  any  of 
them  are  voted  for  at  such  election. 

The  sealed  packages  of  detached  stubs,  and  ballots  not  used 
at  the  election,  shall,  in  The  City  of  New  York,  be  given  by  the 
inspectors  to  the  police,  who  shall  return  them  to  the  Bureau  of 
Elections  of  the  Borough  within  which   the    election  district  is 

781 


located.  Aft  such  packages  of  detached  stubs  and  unused 
ballots  shall  be  preserved  inviolate  in  the  office  in  which  they 
are  filed,  for  a  period  of  six  months  from  the  time  of  filing 
thereof,  and  may  be  opened  and  examined  upon  the  order 
of  the  supreme  court  or  a  justice  thereof,  or  a  county  judge 
within  such  county,  and  at  the  expiration  of  such  time  may 
be  disposed  of  in  the  discretion  of  the  officer  or  board  having 
custody  of  the  same. 

Sec.  21.  Section  one  hundred  and  thirty  of  said  Act  is  here- 
by amended  so  as  to  read  as  follows : 

Organization  of  County  Board  of  Canvassers. 

§130.  The  Board  of  Supervisors  of  each  county  shall  be  the 
County  Board  of  Canvassers  of  such  county.  The  County  Board 
of  Canvassers  of  the  counties  wholly  or  partly  within  The  City 
of  New  York  shall  be  the  City  Board  of  Canvassers  of  The  City 
of  New  York  within  their  respective  counties.  The  County 
Boards  of  Canvassers  of  the  respective  counties  shall  meet  at  the 
office  of  the  County  Clerk  thereof  on  the  Tuesday  next 
after  each  election  of  public  officers  held  in  such  county  other 
than  an  election  of  town,  city,  village  or  district  school  officers 
held  at  a  different  time  from  a  general  election.  Upon  such 
meeting  they  shall  choose  one  of  their  number  chairman  of  such 
board.  Such  County  Clerk,  or  if  he  be  absent  or  unable 
to  act,  the  Deputy  County  Clerk  of  such  county,  shall  be 
the  secretary  of  such  board.  The  secretary  of  the  board  shall 
thereupon  administer  the  constitutional  oath  of  office  to  the 
chairman  of  the  board,  who  shall  then  administer  such  oath  to 
each  member,  and  to  the  secretary  of  the  board.  A  majority 
of  the  members  of  any  board  of  canvassers  shall  constitute  a 
quorum  thereof.  If,  on  the  day  fixed  for  such  meeting,  a 
majority  of  any  such  board  shall  not  attend,  the  members  of 
the  board  then  present  shall  elect  the  chairman  of  the  board 
and  adjourn  to  some  convenient  hour  of  the  next  day.  If 
such  board,  or  a  majority  thereof,  shall  fail  or  neglect  to 
meet  within  two  days  after  the  time  fixed  for  organizing  such 
board,    the  Supreme  Court,   or  any   justice  thereof,  or  county 

782 


judge  within  such  county,  may  compel  the  members  thereof  by 
writ  of  mandamus  to  meet  and  organize  forthwith. 

Sec.  22.  Section  one  hundred  and  thirty-one  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows : 

Production  of  original  statements  and  copies  thereof. 

§131.  As  soon  as  such  Board  of  County  Canvassers  shall  have 
been  organized,  the  officer  with  which  they  were  filed,  shall 
deliver  to  such  Board  of  Canvassers  all  the  original  statements 
of  canvass  received  from  inspectors  of  election  for  districts  within 
the  county  for  which  said  Board  are  county  or  city  canvassers. 
The  copies  of  the  original  statements  which  have  been  delivered 
to  members  of  the  Board  or  Assessors  shall  then  be  delivered 
to  the  Board.  If  any  member  of  the  County  Board  of  Can- 
vassers shall  be  unable  to  attend  the  first  meeting  of  such 
Board,  he  shall,  at  or  before  such  meeting,  cause  to  be  deliv- 
ered to  the  county  clerk  of  such  county  all  such  copies  of 
original  statements  delivered  to  him,  and  any  original  state- 
ment that  may  come  into  his  possession.  If,  at  the  first 
meeting  of  a  County  Board  of  Canvassers  of  any  county,  all  such 
original  statements  of  the  result  of  the  canvass  of  the  votes  cast 
at  such  election  in  all  the  election  districts  in  the  county  shall 
not  be  produced  before  the  Board,  it  shall  adjourn  to  some  con- 
venient hour  of  the  same  or  the  next  day,  and  the  county  clerk  of 
such  county  shall,  by  special  messenger  or  otherwise,  obtain  such 
missing  original  statements,  if  possible,  otherwise  he  shall  pro- 
cure one  of  the  certified  copies  thereof  in  time  to  be  produced 
before  such  Board  at  its  next  meeting.  At  such  first  meeting, 
or  as  soon  as  an  original  statement  of  the  result  of  the  canvass  of 
the  votes  cast  in  such  election  in  every  election  district  of  the 
county  shall  be  produced  before  such  Board,  or  a  copy  thereof, 
in  case  the  original  cannot  be  produced,  the  Board  shall,  from 
such  original  statements  and  certified  copies,  proceed  to  canvass 
the  votes  cast  in  such  county  at  such  election. 

Sec.  23.  Section  one  hundred  and  thirty- five  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows : 

783 


Statements  of  canvass  by  County  Boards. 

§135.  Upon  the  completion  by  a  County  Board  of  Canvass- 
ers, of  the  canvass  of  votes  of  which  original  statements 
of  canvass,  or  certified  copies  thereof,  are  by  law  required 
to  be  delivered  to  them,  by  the  boards  or  officers  with  whom 
the  same  may  have  been  filed  by  the  inspectors  of  election, 
they  shall  make  separate  statements  thereof  as  follows: 
One  statement  of  all  such  votes  cast  for  each  office  of  elec- 
tor of  President  and  Vice-President  of  the  United  States; 
another  statement  of  all  such  votes  cast  for  each  State  officer ; 
another  statement  of  all  such  votes  cast  for  each  office  of  repre- 
sentative in  Congress,  except  that  the  Board  of  Canvassers  in 
The  County  of  New  York  shall  not  make  a  statement  of  the  votes 
cast  in  any  election  district  in  said  county,  for  any  candidate  for 
the  office  of  assemblyman,  senator  or  representative  in  Congress, 
the  candidates  for  which  were  also  voted  for  by  electors  in  elec- 
tion districts  in  any  county  not  within  The  City  of  New 
York;  another  statement  as  to  all  such  votes  cast  upon  every 
proposed  constitutional  amendment  or  other  proposition  or 
question  duly  submitted  to  all  the  electors  of  the  State;  an- 
other statement  as  to  all  such  votes  cast  for  each  county 
office,  and  office  of  school  commissioner ;  for  which  the  elec- 
tors of  such  county,  or  any  portion  thereof,  were  entitled  to 
vote  at  such  election,  and  to  be  canvassed  by  them ;  another 
statement  as  to  all  the  votes,  if  any,  so  cast  upon  any  proposition 
or  question  upon  which  only  the  electors  of  such  county  were 
entitled  to  vote  at  such  election.  In  the  counties  wholly  or 
partly  within  The  City  of  New  York,  the  respective  county 
boards  shall  make  a  separate  statement  as  to  the  votes,  if  any, 
so  cast  upon  any  proposition  or  question  upon  which  only  the 
electors  of  such  city  were  entitled  to  vote  at  such  election  in 
such  county  or  portion  thereof.  Each  such  statement  shall 
set  forth,  in  words  written  out  at  length,  all  such  votes 
cast  for  all  the  candidates  for  each  such  office;  and  if  any 
such  office  was  to  be  filled  at  such  election  by  the  electors  of  a 
portion  only  of  such  county  all  the  votes  cast  for  all  the 
candidates  for  each  office  in  any  such  portion  of  the  county 

784 


designating  by  its  proper  district  number  or  other  appropriate 
designation,  the  names  of  each  such  candidate  .  nd  the  number 
of  votes  so  cast  for  each,  the  whole  number  of  votes  so  cast 
upon  any  proposed  constitutional  amendment  or  other  proposi- 
tion or  question,  and  of  all  the  votes  so  cast  in  favor  of  and 
against  the  same  respectively.  In  the  Counties  whoily  or 
partly  within  The  City  of  New  York  the  respective  County 
Boards  shall  make  a  separate  statement  of  the  votes  cast  for 
all  the  City  offices  voted  for  by  the  electors  of  sucl  city  or  any 
portion  thereof,  within  such  Counties.  If,  upon  such  canvass,  in 
any  statement  or  duly  certified  copy  of  statement  of  the  result  of 
the  canvass  of  such  votes  of  any  election  district  in  sucli  county  or 
city,  there  shall  be  included  any  ballot  indorsed  by  the  mspec- 
tors  to  the  effect  that  it  was  objected  to  as  marked  for  identi- 
fication, the  County  and  City  Boards  of  Canvassers  shall  aad  to 
each  appropriate  statement  in  which  the  counting  of  any  such  bal- 
lot or  any  portion  thereof  is  included,  a  statement  of  the  whole 
number  of  ballots  so  indorsed  and  counted.  If,  upon  such  can- 
vass, in  any  statement  or  duly  certified  copy  of  a  statement  of  the 
result  of  the  canvass  of  the  votes  of  any  election  district  there  shall 
be  included  any  ballot  indorsed  by  the  inspectors  to  the  effect  that 
it  was  rejected  as  void,  the  County  and  City  Boards  of  Canvassers 
shall  add  to  each  appropriate  statement,  a  statement  of  the 
whole  number  of  ballots  so  indorsed.  The  statements  required 
by  this  section  shall  each  be  certified  as  correct  over  the  signa- 
tures of  the  members  of  the  board,  or  a  majority  of  them, 
and  shall  be  filed  and  recorded  in  the  office  of  the  county  clerk 
of  such  county.  When  the  whole  canvass  shall  be  completed, 
the  original  statements  of  canvass  and  certified  copies  used 
thereat  shall  be  filed  in  the  office  of  the  secretary  of  the  Board. 
The  certified  copies  of  such  original  statement  of  canvass  not 
used  at  the  canvass  shall  be  retained  in  the  office  in  which  they 
were  filed.  The  sealed  packages  of  void  and  protested  ballots 
shall  be  retained  inviolate  in  the  office  in  which  they  are  filed 
subject  to  the  order  and  examination  of  a  Court  of  Competent 
jurisdiction  and  may  be  destroyed  at  the  end  of  six  months  from 
the  time  of  the  completion  of  such  canvass,  unless  otherwise 
ordered  by  a  court  of  competent  jurisdiction. 

785 


Sec.  24.      Section  one  hundred  and  thirty-six  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows : 

Decisions  of  County  Board  as  to  persons  elected. 

§136.  Upon  the  completion  of  such  statements  the  Board 
of  Canvassers  for  each  county  shall  determine  what  person 
has  by  the  greatest  number  of  votes  been  so  elected  to 
each  office  of  member  of  assembly  to  be  filled  by  the  elec- 
tors of  each  county  for  which  they  are  County  Canvassers 
if  constituting  one  assembly  district,  or  in  each  assembly 
district  therein,  if  there  be  more  than  one,  and  each  per- 
son elected  by  the  greatest  number  of  votes  to  each  county  office 
of  such  county  to  be  filled  at  such  election,  and  if  there  be  more 
than  one  school  commissioner  district  in  such  county,  each  per- 
son elected  by  the  greatest  number  of  votes  to  the  office  of 
school  commissioner  to  be  filled  at  such  election  in  each 
such  district.  The  County  Clerk  of  the  county  of  Hamilton 
shall  forthwith  transmit  to  the  County  Clerk  of  the  county  of 
Fulton,  a  certified  copy  of  the  statement  so  filed  and  record  it 
in  his  office,  of  the  County  Board  of  Canvassers  of  Hamilton 
county,  as  to  all  the  votes  so  cast  in  Hamilton  county  for  all  the 
candidates  and  for  each  of  the  candidates  for  the  office  of  mem- 
ber of  assembly  of  the  assembly  district  composed  of  Fulton 
and  Hamilton  counties ;  and  the  County  Clerk  of  Fulton  county 
shall  forthwith  deliver  the  same  to  the  Fulton  County  Board  of 
Canvasseis,  who  shall  from  such  certified  copy,  and  from  their 
own  statement  as  to  the  votes  so  cast  for  such  office  in  Fulton 
county,  determine  what  person  was  at  such  election,  elected  by 
the  greatest  number  of  votes  to  such  office.  Such  board  of 
each  county  shall  determine  whether  any  proposition  or  ques- 
tion submitted  to  the  electors  of  such  county  only,  has  by  the 
greatest  number  of  votes  been  adopted  or  rejected.  All  such 
determinations  shall  be  reduced  to  writing,  and  signed  by 
the  members  of  such  board,  or  a  majority  of  them,  and  filed  and 
recorded  in  the  office  of  the  County  Clerk  of  such  county,  who 
shall  cause  a  copy  thereof,  and  of  the  statements  filed  and  re- 
corded in  his  office,  upon  which  such  determination  was  based, 
to  be  published   in  at  least  one    newspaper  published  in  such 

786 


county,  and  in  such  other  newspapers  published  therein  as  the 
County  Board  of  Canvassers  shall  direct.  The  clerk  of  each 
county  shall  prepare  as  many  certified  copies  of  each  certificate 
of  the  determination  of  the  County  Board  of  Canvassers  of  such 
county  as  there  are  persons  declared  elected  in  such  certificate, 
and  shall,  without  delay,  transmit  such  copies  to  the  persons 
therein  declared  to  be  elected,  respectively. 

Sec.  25.  Section  one  hundred  and  thirty-seven  of  said  Act 
is  hereby  amended  so  as  to  read  as  follows : 

Transmission  of  statements  of  County  Boards  to  Secretary  of  State 
and  Municipal  Assembly. 

§  137.  Upon  the  filing  in  the  office  of  the  County  Clerk  of 
a  statement  of  the  County  Board  of  canvassers  as  to  the  votes 
cast  for  candidates  for  the  offices  of  electors  of  president  and 
vice-president,  or  as  to  the  votes  cast  for  candidates  for  State 
officers,  except  Member  of  Assembly  and  for  Representatives  in 
Congress,  or  as  to  the  vote  cast  on  any  proposed  constitutional 
amendment  or  other  proposition  or  question  submitted  to  all  the 
electors  of  the  State,  such  County  Clerk  shall  forthwith  make 
three  certified  copies  of  each  such  statement,  and,  within  five 
days  after  the  filing  thereof  in  his  office,  transmit  by  mail  one  of 
such  copies  to  the  Secretary  of  State,  one  to  the  Governor  and 
one  to  the  Comptroller  of  the  State.  The  Governor  and  Comp- 
troller shall  forthwith  upon  the  receipt  thereof  by  them  deliver  such 
certified  copies  to  the  Secretary  of  State.  If  any  certified  copy 
shall  not  be  received  by  the  Secretary  of  State  on  or  before  the  last 
day  of  November  next  after  a  general  election,  or  within  twenty 
days  after  a  special  election,  he  shall  dispatch  a  special  messenger 
to  obtain  such  certified  copy  from  the  County  Clerk  required  to 
transmit  the  same,  and  such  county  clerk  shall  immediately  upon 
demand  of  such  messenger  at  his  office  make  and  deliver  such  a 
certified  copy  to  such  messenger  who  shall,  as  soon  as  practic- 
able, deliver  it  to  the  Secretary  of  State.  The  County  Clerk  of 
each  County  shall  transmit  to  the  Secretary  of  State,  within 
twenty  days  after  a  general  election,  and  within  ten  days  after  a 
special  election,  a  list  of  the  name  and  residence  of  each  person 

787 


determined  by  the  Board  of  County  Canvassers  of  such  County 
to  be  elected  Member  of  Assembly,  School  Commissioner,  and 
to  any  County  office ;  and  on  or  before  the  fifteenth  day  of 
December  in  each  year  a  certified  copy  of  the  official  canvass  of 
the  votes  cast  in  each  such  County  by  Election  Districts  at  the 
last  preceding  general  election.  The  Secretary  of  State  shall 
obtain  from  the  Governor  and  Comptroller  such  certified  copies 
so  transmitted  to  them  and  file  the  same  in  his  office. 

Upon  the  filing  in  the  office  of  the  County  Clerk  of  a  County 
wholly  or  partly  within  The  City  of  New  York  of  a  statement  of 
the  County  Board  of  Canvassers  as  to  the  votes  cast  for  candi- 
dates for  a  city  office  within  such  city  such  County  Clerk  shall 
forthwith  make  a  certified  copy  of  each  such  statement  and, 
within  five  days  after  the  filing  thereof  in  his  office,  deliver  in  a 
sealed  envelope  such  certified  copy  to  the  Clerk  of  the  Munici- 
pal Assembly  of  The  City  of  New  York  at  his  office  in  the 
Borough  of  Manhattan ;  on  or  before  the  fifteenth  day  of  Decem- 
ber in  any  year  in  which  there  shall  have  been  an  election  for  a 
city  office  for  which  votes  were  cast  in  such  County  wholly  or 
partly  within  The  City  of  New  York  the  County  Clerk  thereof  shall 
file  with  the  City  Clerk  of  such  city  a  certified  copy  of  the  official 
canvass  of  the  votes  cast  in  such  county  or  portion  thereof  by 
Election  Districts  for  such  city  office  and  such  canvass  by  Elec- 
tion Districts  shall,  as  soon  as  possible  thereafter,  be  published 
in  the  City  Record. 

Sec.  26.  The  said  Act  as  hereby  amended  by  adding  thereto 
the  following  Section  after  Section  one  hundred  and  thirty-seven 
of  said  Act. 

Organization  and  duties  of  Board  of  Canvassers  of  The    City  of 
New  York. 

§  138.  The  Municipal  Assembly  of  The  City  of  New  York 
shall  be  the  Board  of  Canvassers  of  The  City  of  New  York  of 
the  statements  of  the  County  Board  of  Canvassers  of  the  counties 
wholly  or  partly  within  such  city  of  the  votes  cast  in  such  city 
or  any  portion  thereof  for  a  city  office  or  upon  any  proposition 
or  question  upon  which  only  electors  of  such  city  were  entitled 

788 


to  vote.  The  members  of  the  Municipal  Assembly  shall  meet 
at  the  usual  place  for  holding  their  regular  meeting  of  such 
body  on  the  first  Monday  in  December  succeeding  a  general 
election  for  a  city  ofifice  within  such  city  and  within  thirty  days 
after  such  special  election  and  shall  organize  by  selecting  one  of 
the  members  as  chairman.  The  Clerk  of  the  Municipal  Assem- 
bly shall  be  the  secretary  of  such  Board  or  if  he  be  absent  or 
unable  to  serve  his  chief  deputy  shall  be  the  secretary  of  such 
Board.  The  secretary  shall  thereupon  administer  to  the  chair- 
man the  constitutional  oath  of  office  and  the  chairman  shall 
administer  such  oath  to  the  members  of  such  Board  and  the 
secretary  thereof. 

As  soon  as  such  Board  shall  have  organized  the  secretary 
shall  deliver  to  such  Board  the  certified  copies  of  the  statements 
of  the  County  Boards  of  Canvassers  of  each  county  wholly  or 
partly  within  such  city  of  the  votes  cast  for  candidates  for  city 
office  within  such  city  and  upon  any  proposition  or  question,  if 
any  submitted,  to  the  electors  of  such  city  only  and  the  said 
Board  shall  proceed  to  canvass  such  statements.  If  a  certified 
copy  of  any  statement  of  any  County  Board  required  to  be 
delivered  to  said  Board  shall  not  be  delivered  prior  to  the  meet- 
ing and  organization  of  said  Board,  it  may  adjourn  such  meeting 
from  day  to  day  not  exceeding  a  term  of  five  days  and  it  shall 
be  the  duty  of  the  secretary  to  procure  from  the  County  Clerk 
of  such  county  the  required  certified  copy  of  such  statement. 

Upon  the  completion  of  such  canvass  said  Board  shall  make 
separate  tabulated  statements  signed  by  the  members  of  such 
Board  or  a  majority  thereof,  and  attested  by  the  secretary,  of  the 
whole  number  of  votes  cast  for  all  the  candidates  for  each  office 
shown  by  such  certified  statements  to  have  been  voted  for  and 
of  the  whole  number  of  votes  cast  for  each  of  such  candidates 
indicating  the  number  of  votes  cast  in  each  county  for  them  and 
if  the  voters  of  not  more  than  one  county  or  portion  of  such 
county  were  entitled  to  vote  for  such  candidates,  the  name  and 
portion  of  such  county  and  the  name  of  each  candidate,  and  the 
determination  of  the  Board  of  the  persons  thereby  elected  to 
such  office  by  the  greatest  number  of  votes.  The  said  Board 
shall  also  make  a  separate  similar  tabulated  statement  of  the 

789 


vote  cast  upon  any  proposition  or  question  submitted  at  the 
election  to  the  electors  of  such  city  only  and  shall  include  a 
determination  as  to  whether  such  proposition  or  question  by  the 
greatest  number  of  votes  has  been  adopted  or  rejected.  Each 
such  statement  and  determination  shall  be  filed  and  recorded  in 
the  office  of  the  Clerk  of  the  Municipal  Assembly  and  the  said 
Board  shall  cause  the  publication  of  the  same  in  at  least  two 
newspapers  within  such  county  wholly  within  such  city  and  in 
the  City  Record. 

Upon  the  filing  in  his  office  of  such  statements  and  deter- 
mination the  Clerk  of  the  Municipal  Assembly  shall  issue  and 
transmit  by  mail  or  otherwise  a  certificate  of  election  to  each 
person  shown  thereby  to  be  elected,  such  certificate  to  be  count- 
ersigned by  the  Mayor  of  The  City  of  New  York  under  the  seal 
of  the  City  of  New  York. 

Sec.  27.  Sections  138,  139,  140  and  141  of  said  Act  are 
hereby  renumbered  139,  140,  141  and  142  respectively. 

Sec.  28.  This  Act  shall  take  effect  on  the  first  day  of  Janu- 
ary in  the  year  one  thousand  eight  hundred  and  ninety-eight. 


790 


An  Act  to  provide  for  the  election  of  Supervisors 
in  the  several  wards  of  the  borough  of  queens 
IN  THE  City  of  New  York  to  be  members  of  the 
Board  of  Supervisors  of  the  County  of  Queens. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  ; 

Section  i.  At  the  election  to  be  held  in  The  City  of  New 
York  in  the  year  eighteen  hundred  and  ninety-seven,  and 
every  two  years  thereafter,  a  supervisor  shall  be  elected  by 
the  electors  of  each  ward  of  the  Borough  of  Queens,  and 
such  supervisor  shall  be  a  member  of  the  Board  of  Super- 
visors of  the  County  of  Queens. 

The  term  of  office  of  such  supervisor  shall  begin  on  the 
day  on  which  town  elections  are  required,  by  law,  to  be  held 
in  the  several  towns  of  the  County  of  Queens  in  the  year 
next  succeeding  his  election,  and  shall  continue  for  two 
years.  No  person  shall  be  eligible  to  the  office  of  super- 
visor unless  he  shall  be,  at  the  time  of  his  election,  a  quali- 
fied elector  in  the  ward  in  which  he  shall  be  elected,  and 
upon  his  removal  from  the  ward  he  shall  cease  to  be  super- 
visor of  such  ward  and  the  office  shall  be  vacant. 

Sec.  2.  Whenever  the  office  of  supervisor  shall  be 
vacant,  for  any  cause  whatever,  the  local  Board  of  the 
Borough  of  Queens  shall  appoint  a  qualified  elector  of  the 
ward  in  which  the  vacancy  exists  to  fill  out  the  unexpired 
portion  of  the  term. 

Sec  3.  This  act  shall  take  effect  immediately. 


791 


an  act  in  relation  to  the  city  court  of  the 
City  of  New  York  and  for  the  accommodation 
thereof,  and  authorizing   the   fitting  up  and 

EQUIPPING    OF    CERTAIN    PARTS    OF    THE    CiTY    HaLL 

IN  THE  City  of  New  York. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Section  I.  The  Board  of  Estimate  and  Apportionment 
of  the  City  of  New  York  is  hereby  authorized  and  em- 
powered to  select,  lease  and  procure  suitable  accommoda- 
tions for  the  City  Court  of  the  City  of  New  York  and  for 
the  judges  and  clerk  thereof.  The  Commissioner  of  Pub- 
lic Works  of  said  city,  when  thereto  authorized  and  di- 
rected by  the  Board  of  Estimate  and  Apportionment  shall 
furnish,  prepare  and  equip  the  premises  leased  and  selected 
as  hereinbefore  provided  for  the  use  of  said  court.  Any 
building,  room  or  premises  procured  or  leased  in  accord- 
ance with  law  for  the  use  of  the  said  City  Court  in  the  City 
of  New  York  shall  be  deemed  a  part  of  the  City  Hall  of  the 
City  of  New  York  for  the  purpose  of  holding  terms  of  the 
City  Court  therein.  The  premises  leased  as  herein  pro- 
vided shall  be  ready  for  the  occupancy  of  said  court  on  or 
before  the  first  day  of  September,  one  thousand  eight  hun- 
dred and  ninety-seven,  and  on  said  date  said  court  shall 
vacate  the  rooms  now  occupied  by  it  in  the  City  Hall. 

§  2.  After  the  City  Court  shall  have  vacated  the  rooms 
now  occupied  by  it  in  the  City  Hall,  as  hereinbefore  pro- 
vided, the  Commissioner  of  Public  Works,  when  thereto 
directed  by  the  Board  of  Estimate  and  Apportionment, 
and  upon  plans  approved  by  it,  shall  remodel  the  space 
in  said  City  Hall,  heretofore  occupied  by  said  court, 
so  as  to  provide  a  suitable  chamber  or  meeting  room 
and  other  apartments  for  the  use  of  the  Council  of 
the  Municipal  Assembly  and  its  officers,  provided  for  by 

792 


chapter  of  the  laws  of  one 

thousand  eight  hundred  and  ninety-seven.  Said  Commis- 
sioner of  Public  Works  shall  in  the  same  manner  provide 
a  suitable  meeting  room  and  offices  in  the  said  City  Hall 
for  the  Board  of  Public  Improvements  of  said  city,  also 
provided  for  by  chapter  of  the 

laws  of  eighteen  hundred  and  ninety-seven.  He  shall  also 
procure  the  furniture  and  other  fittings  suitable  to  such 
rooms  when  thus  altered. 

§  3.  The  expense  necessary  to  carry  these  provisions  into 
effect  shall  be  paid  by  the  City  and  County  of  New  York, 
and  the  Comptroller  of  said  city  shall  issue  revenue  bonds 
of  said  city  for  the  purpose  of  providing  for  such  expenses ; 
the  amount  necessary  to  pay  the  principal  and  interest  of 
said  bonds  shall  be  included  in  the  final  estimate  of  the 
amount  necessary  to  be  raised  by  taxation  for  the  purposes 
of  the  government  of  said  city  for  the  ensuing  year. 

§  4.  This  act  shall  take  effect  immediately. 


Proposed  Constitutional  Amendment  as  to  Boards 
OF  Supervisors. 

Amend  section  26,  Article  III,  of  the  Constitution  to  read 
as  follows : 

"  Boards  of  Supervisors.  Sec.  26.  There  shall  be  in 
the  several  Counties,  except  in  cities  which  wholly  include 
within  their  boundaries  one  or  more  Counties,  a  Board  of 
Supervisors  to  be  composed  of  such  members  and  elected 
in  such  manner  and  for  such  period  as  is  or  may  be  pro- 
vided by  law.  In  any  such  city  the  duties  and  powers  of 
a  Board  of  Supervisors  may  be  devolved  upon  the  Munici- 
pal Assembly,  Common  Council,  Board  of  Aldermen  or 
other  legislative  body  of  the  city." 


793 


Proposed  Constitutional  Amendment  as  to  Minority 
Representation. 

Amend  section   i,  Article  II ,  of  the  Constitution  to  read  as 
follows: 

"  Section  i.  Every  male  citizen  of  the  age  of  twenty-one 
years,  who  shall  have  been  a  citizen  for  ten  days,  and  an  in- 
habitant of  this  State  one  year  next  preceding  an  election, 
and  the  last  four  months  a  resident  of  the  county,  and  for 
the  last  thirty  days  a  resident  of  the  election  district  in 
which  he  may  offer  his  vote,  shall  be  entitled  to  vote  at  such 
election  in  the  election  district  ol  which  he  shall  at  the  time 
be  a  resident,  and  not  elsewhere,  for  all  officers  that  now 
are  or  hereafter  may  be  elective  by  the  people  ;  and  upon 
all  questions  which  may  be  submitted  to  the  vote  of  the' 
people :  the  Legislature  may,  however,  enact  laws  which,  in 
elections  by  the  people,  for  offices  in  municipal  or  public  corpora^ 
tions  or  any  class  of  such  corporations,  shall  provide  for  Minority 
or  Proportional  Representation  in  such  elections.  Provided 
that  in  time  of  war  no  elector  in  actual  military  service  of 
the  State  or  of  the  United  States,  in  the  army  or  navy 
thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  ab- 
sence from  such  election  district ;  and  the  Legislature  shall 
have  power  to  provide  the  manner  in  which  and  the  time 
and  place  at  which  such  absent  electors  may  vote,  and  for 
the  return  and  canvass  of  their  votes  in  the  election  districts 
in  which  they  respectively  reside." 


794 


Proposed    Constitutional    Amendment    as    to 
Limitation  op  Indebtedness. 

Amend  section  10,  Article  VII I.  of  the  Constitution,  to 
read  as  follows : 

"  Counties,  cities  and  towns  not  to  give  or  loan 
money  or  credit;  limitation  of  indebtedness. — 
§  10. — No  county,  city,  town  or  village  shall  hereafter 
give  any  money  or  property,  or  loan  its  money  or 
credit  to  or  in  aid  of  any  individual,  association 
or  corporation,  or  become  directly  or  indirectly  the 
owner  of  stock  in,  or  bonds  of,  any  association  or 
corporation  ;  nor  shall  any  such  county,  city,  town  or 
village  be  allowed  to  incur  any  indebtedness  except  for 
county,  city,  town  or  village  purposes.  This  section 
shall  not  prevent  such  county,  city,  town  or  village 
from  making  such  provision  for  the  aid  or  support  of 
its  poor  as  may  be  authorized  by  law.  No  county  or 
city  shall  be  allowed  to  become  indebted  for  any  pur- 
pose or  in  any  manner  to  an  amount  which,  including 
existing  indebtedness,  shall  exceed  ten  per  centum  of 
the  assessed  valuation  of  the  real  estate  of  such 
county  or  city  subject  to  taxation,  as  it  appeared  by 
the  assessment-rolls  of  said  county  or  city  on  the  last 
assessment  for  state  or  county  taxes  prior  to  the  in- 
curring of  such  indebtedness  ;  and  all  indebtedness  in 
excess  of  such  limitation,  except  such  as  may  now 
exist,  shall  be  absolutely  void,  except  as  herein  other- 
wise provided.  No  county  or  city  whose  present 
indebteduess  exceeds  ten  per  centum  of  the  assessed 
valuation  of  its  real  estate  subject  to  taxation,  shall  be 
allowed  to  become  indebted  in  any  further  amount 
until  such  indebtedness  shall  be  reduced  within  such 
limit.  This  section  shall  not  be  construed  to  prevent 
the  issuing  of   certificates  of  indebtedness   or  revenue 

795 


bonds  issued  in  anticipation  of  the  collection  of  taxes 
for  amounts  actually  contained,  or  to  be  contained  in 
the  taxes  for  the  year  when  such  certificates  or  reve- 
nue bonds  are  issued  and  payable  out  of  such  taxes. 

Nor  shall  this  section  be  construed  to  prevent  the 
issue  of  bonds  to  provide  for  the  supply  of  water  ;  but 
the  term  of  the  bonds  issued  to  provide  the  supply  of 
water  shall  not  exceed  twenty  years,  and  a  sinking 
fund  shall  be  created  on  the  issuing  of  the  said  bonds 
for  their  redemption,  by  raising  annually  a  sum  which 
will  produce  an  amount  equal  to  the  sum  of  the  prin- 
cipal and  interest  of  said  bonds  at  their  maturity.  All 
certificates  of  indebtedness  or  revenue  bonds  issued  in 
anticipation  of  the  collection  of  taxes,  which  are  not 
retired  within  five  years  after  their  date  of  issue, 
and  bonds  issued  to  provide  for  the  supply  of  water, 
and  any  debt  hereafter  incurred  by  any  portion  or 
part  of  a  city,  if  there  shall  be  any  such  debt,  shall  be 
included  in  ascertaining  the  power  of  the  city  to  be- 
come otherwise  indebted.  When  the  boundaries  of 
a  city  are  the  same  as  those  of  a  county,  or  when 
any  city  shall  include  within  its  boundaries  more  than 
one  county,  the  power  of  any  county  wholly  included 
within  such  city  to  become  indebted  shall  cease,  but 
the  debt  of  the  county  heretofore  existing  shall  not, 
for  the  purposes  of  this  section,  be  reckoned  as  a  part 
of  the  city  debt.  The  amount  hereafter  to  be  raised 
by  tax  for  county  or  city  purposes,  in  any  county  con- 
taining a  city  of  over  one  hundred  thousand  inhabit- 
ants, or  any  such  city  of  this  State,  in  addition  to  pro- 
viding for  the  principal  and  interest  of  existing  debt, 
shall  not  in  the  aggregate  exceed  in  any  one  year  two 
per  centum  of  the  assessed  valuation  of  the  real  and 
personal  estate  of  such  county  or  city,  to  be  ascer- 
tained as  prescribed  in  this  section  in  respect  to  county 
or  city  debt."  — 


lOIIVBRSITr 


c. 


796 


/ 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or      S^Sftt^Sj 
on  the  date  to  which  renewed.  ^^S 

Renewed  books  are  subject  to  immediate  recall. 


24Juii'o/iirt 


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MAR  25  1959 


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(B9311sl0)476 


General  Library 
University  of  California        B^ 
Berkeley 


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